What is a Notice of Violation (NOV)?
An NOV is a written notice issued to you for allegedly violating one of the City's quality-of-life rules or laws.
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How do I know when my hearing date is?
Your hearing date will either be included on the NOV that you received from the issuing officer or listed on the copy that is mailed to you. You will be notified by mail if ECB changes your hearing date from the one listed on your NOV.
Understand a violation
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How are hearing dates scheduled?
Hearings are scheduled in an attempt to make the process easier for both the public and the issuing agencies. Hearings are usually scheduled according to the type of code violation listed in the NOV. Each ECB borough office has its own schedule. For example, the Brooklyn office hears only Building Code violations on Mondays.
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How can I reschedule my hearing date?
Call the ECB Customer Service line at (212) 361-1400 or 311 to reschedule your hearing. If your NOV specifies a hearing location, you will need to call that ECB borough office.
Hearing facility locations
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What happens if I do not show up to my scheduled hearing?
If you do not show up to your scheduled hearing, ECB will find you in default and impose an additional penalty. If you are found in default, that may result in a judgment being docketed against you in civil court.
Learn how to respond to a violation
If you have missed your hearing date, you should contact ECB immediately for instructions on how to proceed with your NOV.
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Do I need a lawyer?
You do not need a lawyer to represent you during your hearing, although you certainly can have a lawyer present if you wish. Most people choose to represent themselves or hire non-lawyer representatives. If you do choose to hire a lawyer, however, you must do so at your own expense.
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If I do not want to contest the violation, can I pay the penalty without attending a hearing?
You may be able to resolve your NOV by admitting to the violation and paying the penalty and/or correcting the problem listed on the NOV. Check the front of your NOV to see if you are eligible. Make sure to carefully read and follow any instructions on your NOV - you may be required to appear at ECB, even if you wish to admit to the violation.
Pay a violation
Understand a violation
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Can I contest my NOV by mail?
A limited number of NOVs can be resolved via a hearing by mail.
Learn more about hearings by mail
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How can I prove I am not in violation or not responsible?
If you believe that you are not in violation or that you are not responsible, or have some other defense, you may testify to your account of the violation as well as present any testimony from other witnesses and/or supporting documents at your hearing. Examples of supporting documents include deeds, drawings, maps, licenses, permits, envelopes (to show mailing or receipt dates), and photographs.
Learn more about preparing for a hearing
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I reported a violation. Can I participate in the hearing?
In some cases, complainants and other individuals affected by the outcome of the case may be able to participate in the hearing. Call the ECB Customer Service at (212) 361-1400 or 311 to see if you are eligible.
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How can I check on the status of a violation if I am not the respondent?
Call the ECB Customer Service at (212) 361-1400 or 311 to check on the status of an NOV or to find out the outcome of a hearing. When you call, you will need to provide the NOV number or the address where the violation occurred.
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What do I do when I arrive at ECB for my hearing?
When you arrive at ECB, you will need to check-in at the reception window or desk (depending on the borough). At that time, you will be given a Notice of Appearance form to complete. After you return your completed form to the receptionist, you will be asked to wait until an Administrative Law Judge (ALJ) calls you for your hearing.
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What happens during the hearing?
Once everyone is in the hearing room, the ALJ will introduce him or herself and will explain how ECB hearings are conducted. The ALJ will take testimony from you and from anyone else testifying, look at any documents presented, and hear any legal arguments from you and the petitioner agency's representative. All hearings are recorded. You will not receive a decision the day of the hearing.
Watch an informational video about responding to a Department of Buildings violation in low or high bandwidth
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What happens after the hearing?
Once everyone has testified and presented their legal arguments and/or evidence, the ALJ will end the hearing and write his or her decision. ECB will mail the ALJ's written decision and order to you at a later date.
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If I am found in violation, what happens?
If the ALJ finds you in violation, you must pay the penalty imposed in the ALJ's decision and order and comply with any additional directions it contains, such as a requirement that you correct the violating condition.
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What can I do if a default order is entered against me?
If you receive a default order and penalty from ECB, you may:
- pay the penalty, including any late-admit penalties that may have been imposed; or
- request a hearing by following the instructions on the back of your Default Orde
Respond to a violation
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What can I do if I disagree with the ALJ's decision?
If you are not satisfied with the ALJ's decision, you are entitled to file an appeal.
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Where can I find information to help me understand some of the terms on the NOV or from the hearing?
This site provides a glossary of legal terms that are commonly used at ECB.
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I am hearing impaired. Will the City provide a sign-language interpreter?
The City provides interpreters for hearing impaired respondents. Call the ECB Customer Service line at (212) 361-1400 or 311 before your hearing if you need a sign language interpreter.
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I do not speak English. Will ECB provide an interpreter?
ECB uses Language Line, a phone-in interpretation service. Any hearing can access interpretation services in over 150 languages. When you enter the hearing room, please let the ALJ know that you require an interpreter in your first language.
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Why am I getting notices to pay my violation when I already paid?
ECB's computer system may have automatically generated a payment notice before your payment was fully processed. To determine if you payment was received and properly applied to your account, call ECB Customer Service at (212) 361-1400, call 311, or visit the Department of Finance ePayment Center.
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How can I get a copy of my NOV or decision and order?
Call the ECB Customer Service at (212) 361-1400 or 311 to obtain a copy of your NOV or decision and order. You will need to provide your NOV number when you call. After your request has been processed, ECB will either (1) mail you a copy; or (2) provide a copy for you to pick-up at ECB. The first two copies are free. Each additional copy is $0.25.
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