Join the NYC Airbnb Hosts Meetup group for more online and in person events- https://www.meetup.com/NYC-Airbnb-Hosts/

1. The Office of Administrative Trials and Hearings
Short-Term Rental Crash Course

2. What is the Office of Administrative
Trials and Hearings (“OATH”)?
• OATH is an administrative law court and holds hearings
on summonses issued by a variety of agencies including
the Dept. of Buildings.
• DOB hearings are held on Thursday mornings.
• Most “first time on” hearings are adjourned for the
presence of the inspector as a witness (the officer who
issues the summons(es)). Why?
• COVID accommodations have resulted in more hearings
by phone, even where not previously allowed.

3. Sample Documents / Videos
Summons (Front)
Affidavit/Affirmation of Service
Videos:
Service (View 1)
Service (View 2)

4. OATH Summons Basics
• Summons Number: Identifies the summons in the
OATH and NYC DOB systems.
• Respondent: The party who is responsible for
responding to or defending against the summons.
• Date and Place of Occurrence
• Zoning Identifiers (See https://zola.planning.nyc.gov/)
• Hearing Date and Time
You can look up your violation information here:
http://a820-ecbticketfinder.nyc.gov/searchHome.action
(Enter a “0” before the “3” of your summons number)

5. Commissioner’s Order to Correct
Violation Condition(s)
• Cure Date: If your summons is eligible for cure, a date
is provided. A cure is considered an admission of fault,
but no penalty is imposed. If no date is shown, your
summons cannot be cured, and you are required to
attend the OATH hearing.
• Must Appear: This controls whether the summons
must be fought in person.
• Complaint Number (Searchable on bisweb).
• Class: 1 – Immediately Hazardous; 2 – Major; 3 –
Lesser. Failure to certify correction can result in
additional penalties.
• Provision of Law: Section of law respondent is charged
with violating.

6. Commissioner’s Order to Correct
Violation Condition(s)
• Recurring Condition: If you have already been issued
a summons for the same offense, this box will be
checked (increased Penalties).
• Vacate Order: Must vacate the premises.
• Illegal Conversion: If this box is checked, the
summons carries additional $1,000 daily penalties (up to
$45,000), BUT, you can stop the clock on these!
• Violation Details: Inspectors notes on the alleged
unlawful conduct.

7. Affidavit / Affirmation of Service
This form is on the reverse of the summons and is
completed by the issuing officer (“IO”). There are strict
rules in place for proper service. If the rules for service
are not properly followed, the respondent can move to
have the summons dismissed.
Note that under the signature block on both sides of
the summons that the IO must affirm the statements
made under penalty of perjury.

8. Common Transient Use Violations
• 28-118.3.2: Occupancy Contrary to that Allowed by
Certificate of Occupancy.
• 28-301.1: Failure to Maintain Building in Code
Compliant Manner / Lack of Automatic Sprinkler System
(BC 903.2) for Transient Use.
• 28-301.1: Failure to Maintain Building in Code
Complaint Manner / Lack of Required Number of
Means of Egress.
• 28-210.3: Permanent dwelling
offered/used/converted for other than permanent
residential purposes.
• BC 907.2.8: Failure to Provide a Fire Alarm System for
Transient Use.

9. Basics of OATH Hearings
• Scheduling / Rescheduling / Adjournments
• Discovery (IMPORTANT)
• Typical Hearing Format
• Appearance
• Motions
• Case in Chief/Direct Examination
• Cross-Examination and Redirect
• Respondent Witnesses
• Cross-Examination and Redirect
• Legal Arguments
• Closing Statements
• Decision (Typically Reserved)
• Appeal (30/35 – Temp. 60/65 Days)
• Article 78 (120 Days)

10. Liability/Risk Considerations
• Are you under an obligation to provide inspectors with
access to your home?
• What documentation is relevant for OATH and where can
you find it?
• How can you monitor threats and compliance issues?
• What are some of the risks of representing yourself?
• What are some of the risks of ”cheap” representation?
• What are some of the risks of hiring an attorney?
• Airbnb (and others) Data Sharing with the City (Local Law
146).
• Risks Associated with Certifying Correction and AEUHAZ.
• Default Risk.

11. The Role of an Attorney:
Marshal the Facts into the Law
What if the law says “No vehicles in the park”?
Is this a vehicle? A monument?
Your lawyer’s job is to present you with a plan/options for
you to choose from and to argue for a position according
to the law, not to “get you off.” If you are knowingly doing
something illegal, knock it off. If you don’t like the law as
written, vote for someone who will change it.

12. Representation Considerations
• Facts: Has the City ”got it wrong” such that you have strong
arguments for dismissal?
• Exposure vs. Cost: The City has taken to issuing advertising
violations ($1,000 each). The cost of retaining an attorney can far
exceed the cost of the violation. Old Penalty Schedule here:
https://www1.nyc.gov/assets/buildings/rules/1_RCNY_102-01.pdf
• Perjury Risk: If you are cross-examined, can you answer truthfully
without doing further harm? ALJs consider law, facts, and credibility.
• Skill: Do you understand how to navigate the law, how to research
precedent, and are you well-equipped to represent yourself?
• Finding the Right Advocate: Choose carefully. An attorney will put
together a plan and give you options. If you don’t like the attorney’s
plan, consider retaining a different attorney.

13. Etiquette with your Attorney
• Communication: Call the office, email, or schedule a call. Your attorney is
not your drinking buddy – Text, WhatsApp, Facebook, and Instagram are
not appropriate channel (and are generally not secure). If your attorney
asks you for documents or information, there’s usually a very good
reason; reply promptly.
• Fees: Good work is not cheap; cheap work is not good. Do not inundate
a prospective attorney with questions or try to extract free legal so you
can try to represent yourself. This will never end well.
• Be Ethical: Do not ask your attorney to break the law or insinuate that
you intend to break the law. Attorneys are bound by ethical rules. Also, be
honest with your attorney. Communications are privileged. If your attorney
is blindsided at trial because you lied beforehand, that’s bad for you.
Vegas Odds: Do not ask your attorney for odds of success. Trial is
unpredictable and contains several human elements; no attorney in his
right mind is going to give you a likely win percentage.

14. Thank You
Brandon McKenzie
BMcKenzie@MossAndMoss.com
https://www.mossandmoss.com/airbnb