Correcting and Responding to Violations

Some infractions are minor, while others can create dangerous situations resulting in immediate action by the Fire Department or even the issuance of a criminal court summons. Violations may be found during an FDNY inspection or based upon complaints to the City. The following types of violations are issued within the City of New York:

• FDNY Summonses
• Criminal Court Summonses
• Violation Orders
• Vacate Orders

If you receive an FDNY Summons, you have the option of admitting to the violation and certifying correction to the Fire Department. All FDNY Summonses, pursuant to the Fire Department Rules and Regulations require that the respondent correct the conditions that caused the violation and file a Certificate of Correction with the Fire Department stating that all violation conditions have been corrected.

FOR FIRST OFFENDERS, TO AVOID A HEARING AND PENALTY, your completed Certificate of Correction form, including proof of correction, a copy of the FDNY Summons along with all attached supplemental pages, MUST BE RECEIVED AND APPROVED by Fire Department’s Legal Affairs, Administrative Enforcement Unit, on or before the compliance date specified on the FDNY Summons, which is within 35 days of the date of issuance. If the Fire Department does not inform you that it has approved your submission before the scheduled “HEARING DATE,” and has not excused you from appearing at a hearing, you MUST ATTEND the hearing.

How to Avoid Higher Fines and Penalties

• If you do not attend your scheduled hearing, you may receive higher fines and a default judgment.
• If you have not received a response regarding your correction submission to FDNY, you may contact OATH to request that your hearing be rescheduled to a later date.
• By rescheduling or postponing your hearing, you can avoid higher fines and additional penalties that would be imposed if you defaulted.  You still must either resolve corrections with FDNY or appear on your rescheduled hearing date in order to avoid additional penalties and a default judgment.

Important Reminder: If the Fire Department does not inform you that it has approved your submission before the scheduled “HEARING DATE,” and has not excused you from appearing at a hearing, you MUST ATTEND the hearing.