Request For A New Hearing After A Failure To Appear (Page 2 of 2) in pdf

Reason For Which A New Hearing Should Be Granted

Check each box that applies. At least one box must be checked. If you do not check at least one box, this request will be denied.



This request will be received by ECB within 45 calendar days of the missed hearing date. If this is the case, no

further explanation is needed.



It is more than 45 days from the missed hearing date, but it is less than 30 days from the mailing date of the

default order. If you are unsure of the mailing date, call 1-844-OATH-NYC (1-844-628-4692). Explain why the

_______________________________________________

Respondent did not appear on the hearing date:

______________________________________________________________________________________



The Respondent did not receive the summons/notice because the issuing agency did not serve it correctly.

If the summons/notice names the property owner or owner’s agent as Respondent, attach a copy of a New York City tax

bill and/or multiple dwelling registration forms (if applicable) for the building for the year during which the

summons/notice was issued.

If the summons/notice does NOT name the property owner or owner’s agent, attach proof of respondent’s mailing

address at the time the summons/notice was issued. Such proof may be a driver’s license, permit, or an authorization to

collect sales taxes.



The summons/notice identifies the respondent as “Owner”, “Agent”, “Condo President” or another general title.

Do not check this box if the summons/notice names a person, business, corporation, organization or other entity.



The Respondent died on or before the hearing date.

This applies only when the deceased is the person who is named as Respondent on the summons/notice. If so, attach a

copy of the named Respondent’s death certificate.



The Respondent was legally incompetent at the time of the hearing.

Provide a copy of a court order stating that the Respondent was incompetent.



The Respondent owned the place of occurrence at one time, but sold or transferred it before the date of the

summons/notice.

Provide proof of the transfer, including a complete deed and a New York State Real Property Transfer Tax Form.



Respondent never owned the place of occurrence, or did not own it when the summons/notice was issued, and

the summons/notice describes a violation that involves a building or specific property.

If this reason applies, attach supporting documents, such as proof that someone else owned the building or property at

the time the summons/notice was issued. This reason does NOT apply if the summons/notice is issued for a violation that

does not relate to a building or property (for example, illegal posting of handbills, littering, vending or summonses/notices

that name building managers, tenants, contractors, or other people working at a property).



The Respondent is a former agent, tenant or person in control of the property where the violation occurred, but

was no longer an agent, tenant or person in control at the time the summons/notice was issued.

a) State respondent’s connection to the property and when that connection ended:

__________________________

_________________________________________________________________________________

b) Attach a copy of any relevant agreements or leases that show when the respondent’s connection to the property ended.

_____________________________

, CERTIFY UNDER PENALTY OF PERJURY THAT (A) I AM AUTHORIZED TO

[print your name]

COMPLETE AND SUBMIT THIS REQUEST, (B) I HAVE NOT PREVIOUSLY SUBMITTED A “REQUEST FOR A NEW HEARING AFTER A

FAILURE TO APPEAR” FOR THIS VIOLATION, AND (C) THAT TO THE BEST OF MY KNOWLEDGE, ALL INFORMATION I INCLUDED ON

THIS FORM AND IN THE ATTACHMENTS IS TRUE.

YOUR SIGNATURE: _________________________ DATE: __________

ECB SMP10 rev. 1/1/16

Request For A New Hearing After A Failure To Appear Page 2

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