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Can You Tell the Difference Between an FDNY Summons and a Criminal Summons?

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Posted By Kristen Hariton

The FDNY has recently begun to label some Notices of Violation (infractions tied to an ECB hearing and fine) as FDNY Summonses. It’s important to remember that an FDNY Summons is not a Criminal Summons, even though Criminal Summonses can result from failure to comply with FDNY Violation Orders.

Sounds complicated? Here’s a quick reference and visual comparison:

Criminal Summons

• Issued on thin, pink ticket paper
• States, “The People of the State of New York vs. [Defendant]
• Accompanied by a date for an appearance in Criminal Court (not the ECB)

FDNY Summons Example

FDNY Summons

Same look and structure as an FDNY Notice of Violation
• Identified by violation number beginning in “01” and ending with a letter
• Issued to a Named Respondent
• Body of the violation will contain details about a cure date (if offered) and a hearing date at the Environmental Control Board

 

The most critical thing to remember is the follow-up for each type of document

The most critical thing to remember is the follow-up for each type of document – FDNY Summonses/Notices of Violation can be resolved by submitting a Certificate of Correction in advance of the cure date (if eligible), or submitting Correction, attending the hearing, and paying any applicable fines. You must attend a Criminal Summons hearing (or risk a bench warrant), and attorneys must represent corporations listed on the Summons.

While the name may change, the details and resolution process for FDNY NOV’s are still the same. After all, what’s in a name? That which we call an FDNY NOV by any other name would still be a violation.

Kristen Hariton

Kristen Hariton is the Product Marketing Strategist at SiteCompli. A member of the SiteCompli team since March 2013, Kristen has learned more about compliance and property operations than she ever thought possible. When she's not sharing the latest industry trends, changes, and updates, she's planning her next adventure to Walt Disney World.

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