Office of Trials and Hearings will hold virtual hearings for remainder of 2020

June 26, 2020 Rob Abruzzese

OATH Commissioner and Chief Administrative Law Judge Joni Kletter. Photo courtesy of NYC OATH

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The New York City Office of Administrative Trials and Hearings (OATH) announced earlier this month that it will continue to hold hearings, trials, settlement conferences and other services remotely throughout the rest of the year, even as the state and City begin to reopen.

OATH handles all civil summonses issued by New York City agencies, including the Departments of Sanitation, Health and Mental Hygiene and Parks and Recreation; and the New York Police Department.

Since OATH began operating remotely in response to the COVID-19 pandemic, it has conducted more than 2,600 remote help sessions with self-represented respondents prior to their hearing. It has issued more than 8,000 decisions in cases held remotely.

“As the City’s central independent administrative law court, OATH’s top priority has always been to make it as easy as possible for those who have been issued summonses from City enforcement agencies to have their day in court,” said OATH Commissioner and Chief Administrative Law Judge Joni Kletter.

“Ensuring due process during a pandemic must include not only providing access to fair and timely hearings and decisions but also providing safe, effective ways for the public to invoke their right to defend themselves,” Kletter continued. “A respondent should never have to choose between their health and safety and being able to respond to legal charges issued against them.”

OATH conducts most of its remote hearings by phone with evidence submitted via email. From March 23, 2020 until June 3 it conducted approximately 7,000 cases this way. Over the same period it conducted 1,150 cases through the mail or on its website.

Since the pandemic started, OATH has helped Brooklynites and New Yorkers avoid defaulting on summons by rescheduling all cases where the respondent failed to appear either by phone or in a written defense. This practice, however, is set to end on July 1. People are eligible to request to reschedule after that date if they are unable to participate due to COVID-19.

OATH offices will be open for certain pre-approved cases to be scheduled for in-person appearances.

“I want to strongly commend Commissioner Kletter and the terrific public servants at OATH for the ingenuity, resolve and resourcefulness they have exhibited during this unprecedented time,” said Kapil Longani, counsel to the mayor. “OATH kept its doors open by adjusting to the unprecedented health challenges the coronavirus presented by rapidly establishing robust remote operations so that New Yorkers could resolve summonses from the safety of their homes. This is what true ‘access to justice’ looks like.”