QUESTION
How do dismissal rates, summonses, and revenue interrelate, and what role does OATH play?
3:18:43
·
3 min
Chief Administrative Law Judge Asim Rehman explains that OATH does not assess dismissal rates in relation to revenue, highlighting its limited function in collections.
- Rehman clarifies that OATH focuses on whether a person/entity is in violation, not on the collections aspect.
- He emphasizes that collections are the responsibility of other city departments, not OATH.
- Council Member Restler expresses interest in exploring dismissal data to understand disparities in enforcement and revenue correlation.
- Restler is concerned about increased enforcement in low-income areas and the impact on residents unable to pay summonses.
- The discussion touches on potential exploration of proposed legislation to address enforcement disparities.
Lincoln Restler
3:18:43
But you're sending, I think it was monthly reports to agencies on dismissal rates.
3:18:47
Yes.
3:18:48
You're tracking that day.
3:18:49
Yeah.
Asim Rehman
3:18:49
I don't have it.
3:18:49
I don't I just don't have that sitting here today.
3:18:51
You you I
Lincoln Restler
3:18:52
mean, I guess I'm just interested.
3:18:53
Have you been thinking I mean, I assume you're looking at this this is a pretty macro global question.
3:18:58
Right?
3:18:59
Major increase in substance enforcement, modest increase in revenue, do you think there's been a significant increase in dismissal rates that's driving it?
Asim Rehman
3:19:07
So to your to your point, we're not looking at that.
3:19:11
To make the assumption that oath would be looking at that, puts upon oath of responsibility that we don't go into worth.
3:19:17
We don't go into towards collection.
3:19:19
So that would be the second factor.
3:19:20
The first factor is What is the rate of being of the in violation findings?
3:19:24
The second factor about revenue is collections is if a someone is found in violation and they have to pay a penalty, a person, or an entity, if they're not paying, is that money being collected?
3:19:35
That's not something that oath plays a role in.
3:19:36
But we have a very limited function with respect to collection, which allows people to pay if they come in.
3:19:42
And there's there's a certain subcategory of summonses where we do do a little bit of collections work, but the collections work is the responsibility of other arms of the city, not the responsibility of the tribunal.
3:19:53
Again because the tribunal should not be the one who is going out there and trying to generate revenue for the city.
3:19:58
And so there I would refer you to the Department of Finance.
3:20:02
I'd refer you to law department.
3:20:04
They play a role in collections and other agencies and the administration as to why which revenue has not been out of an order.
Lincoln Restler
3:20:11
No.
3:20:11
I'm just kidding.
3:20:12
Yeah.
3:20:12
I look.
3:20:12
I I Yeah.
3:20:15
No.
3:20:15
Absolutely.
3:20:16
We asked the judge about it, and we and we've engaged with the OF on this as well.
3:20:21
But I do think that I appreciate you're not the collections age but you're the entity that has the global perspective on what's happening.
3:20:30
And so I think we're interested in digging in with you on the dismissal data to see what kind of factor that is in driving in in driving this disparity.
3:20:40
We're also really interested in under better understanding if the best data we have is the residential data, the data of where these people live, who are receiving these enforcement summons, because I believe that we're seeing significant increased enforcement in low income areas and that we have poor New Yorkers who are just unable to pay.
3:21:00
And we have a an enforcement structure that doesn't work.
3:21:04
And that's why we're not seeing the the increase that is comparable on revenue that is matching the enforcement.
3:21:13
And so we're interested in digging in with you further on this and better understanding it.
3:21:18
And I think this this data is further grounds for exploration of customer Berbrandon's pilot that he's proposed legislation for, that I hope that we'll opportunity to discuss more in the future.
3:21:29
I know that it's an area of some concern for you.
3:21:33
But I don't have a question there.
3:21:34
I just wanted to get all that out on the record.
3:21:37
Last things I wanna ask about relate to better understanding some of the pegs.
