What happens if you ignore a NYC building summons
Missing the hearing leads to a default decision: the violation is treated as established, and the penalty is usually 2–3 times the standard amount, up to $25,000. But after a missed hearing you still have 75 days to ask for a new one.
Last checked: 2026-08-13 · Based on official NYC websites; sources at the end
The worst case: a default decision
If the summons shows a hearing date and you neither appear nor resolve it, you will be found in default.
A default means no further notice and no hearing: the facts on the summons are treated as admitted, the violation is established, and the penalty set by law is imposed. The decision takes effect immediately.
How much the penalty grows
A default penalty is usually 2 to 3 times the standard penalty.
Depending on the violation, it can reach $25,000.
In other words, ignoring it does not make it smaller — only more expensive.
And it does not go away on its own
The summons stays open on the building's public record until one of two things happens: it is dismissed at an OATH hearing, or a Certificate of Correction is approved.
Open violations hold up sales and refinancing. Many people only find out years later, at closing.
Already missed the hearing? You have 75 days
This is the least known and most useful point.
After missing a hearing you can file a Request for a New Hearing After Failure to Appear.
If the OATH Hearings Division receives that request within 75 days of the missed hearing date, OATH will grant a new hearing.
So if you have just realised you missed the date, count how many days have passed — there may still be time.
First, find out how many you actually have
The one in your hand is sometimes only one of several. Enter an address to see every open record on the building, free and with no sign-up: check building violations.
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Check building violationsSources
All from official New York City sources- 1NYC Office of Administrative Trials and Hearings (OATH)Hearings and DefaultsWhat a default decision is and what follows from it
- 2NYC Office of Administrative Trials and Hearings (OATH)Reopen a Missed Hearing (Default) OnlineA request received within 75 days of a missed hearing is granted
- 3NYC Department of Buildings (DOB)What is an OATH Summons?Default penalties are about 2–3 times the standard, up to $25,000
- 4NYC Department of Buildings (DOB)Resolve a Summons or ViolationWhen a summons counts as closed on the public record
Related
This page is general information, not legal or engineering advice. This website is not affiliated with any New York City government agency. The amounts and deadlines on your own notice take precedence.