Department of Health

The mission of the New York City Department of Health & Mental Hygiene’s Administrative Tribunal is to adjudicate notices of violations of New York City Health Codes including pest control, window guard, lead paint, mold, food safety, and other related laws throughout the five boroughs.

The Tribunal serves the public by scheduling and adjournment of hearings; adjudications; creation and maintenance of case files; including all documents needed and relevant to adjudicate health code violations; collection of fines; penalties, and other charges imposed; and timely notices relevant to all proceedings of the Tribunal.

The process:
The violations that are issued by inspectors from the Department of Health and Mental Hygiene are generally coded by a two (2) digit year in which it was issued, followed by a letter and number to indicate the sequence and division that has issued the violation. The following are a few examples to illustrate the codes; F – Food Vendor, N – Mold condition, P – Pest control, Q – Lead Condition, R – Stagnant water (mosquitoes), W – Window Guards. Therefore, if your docket number is for violating the window guard law, and this is the second violation within the same year, your docket number may be something like #1234-08W2, where 08 indicates the year, W for window guard, and 2 for the sequence.

Hearings are conducted by Administrative Law Judges who render decisions based on the evidence presented to them, either by mail in the case of hearings by mail requested by the respondent, or in person at a hearing. Hearings can also be conducted by phone or via the online one-click hearing form which must be submitted to the Hearings Division on or before the hearing date and the Hearings Division will only consider the first one-click form that you submit for each Notice or Summons. Respondents have the right to request the presence of the issuing officer so that the inspector can testify as to the allegations and be cross-examined by the respondent. The presence of the inspector must be requested before the hearing date, in accordance with the instructions on the Notice of Violations.

This is an image of an actual “Notice of Violation’ issued by the NYC Dept. of Health Fall Prevention Unit. Alongside is an image of the “Default Warning” notice insert. (All identifying information has been deleted.) We recommend saving the certified mail envelope in which the violation was mailed to you as proof when the 60 day time limit to request a stay of default starts. You can download below an application to vacate the default and reschedule your hearing.

Once your hearing is concluded, the ALJ will usually make a decision based on the testimony and evidence you submitted. The decision is then served to you personally. You must make your payment within 30 days from the day the decision was served; otherwise a late payment penalty of $50.00 is added each month for two months thereafter.

Appeal:
If you disagree with the decision of the hearing examiner, you may file an appeal within 30 days from the day you received the decision, provided that payment is made before, or at the time the appeal is filed. In the appeal you must clearly state the reason you believe the decision should be reversed, based either on fact finding or interpretation of the law. You can download the appeal application form or file the appeal online.

The address for hearing appearances, inquiries concerning hearings, adjournments, and decisions are:
NYC OATH Health Tribunal
66 John Street, 11th floor
New York, NY 10038
(212) 361-1000

For traveling directions, click here.
You can mail your payment to:
NYC Oath Health Tribunal
PO Box 4199
New York, NY 10277
You can also pay your violation online. The payments are applied within a few days. It is taking the City anywhere from 3-5 weeks to apply payments by mail. The cost is $2.00 per ticket by electronic check. Visit http://www.nyc.gov/finance.

Forms & Helpful Resources

Visit the Dept. of Health website.
Rep. authorization form – English,
Window guard certificate of correction
Window guard notices and Lead paint notice (english),
Landlord window guard notice instructions,
Lead paint annual notice instructions,
Lead paint remediation instructions,
Application to reschedule a hearing or submit online
Application to vacate a default or submit online

DHCR Fact sheet #25 (window guard rules)
To request a do-it-yourself mold test kit click here.
To take the free online food protection course click here.
To download the guide for operating a food establishment in NYC, click here.

Please note, we aren’t the NYC Dept. of Health