HPD Violations
- By All Boro Expediter
If you are a building owner in New York City, it is important to be aware of HPD violations are the large fines that can result from being targeted.
What is an HPD violation, and what are its consequences?
An HPD violation violates housing and building codes in New York City. These violations can occur for various reasons, including failure to complete required repairs, not meeting energy efficiency standards, or using materials or construction methods that are unsafe or not up to code.
If building codes are not met, a Department of Housing Preservation and Development Violation – or HPD violation – is issued. Unlike other types of violations which are heard through the Environmental Control Board (ECB), HPD violations have unique requirements for resolution.
A Notice of Violation will be sent to the property owner in most cases.
- Class A violations (non-hazardous) penalties for not posting a notice about the housing information guide: $250
- All other Class A violations: $10-$50 each
- Class B violations (hazardous) $25-$100 each, plus $10 per violation per day
- Class C violations (immediately hazardous)
- Not related to heat, hot water or illegal devices or lead-based paint:
- Buildings with 5 or fewer units: $50 per violation per day
- Buildings with more than 5 units: $50-$150 per violation plus $125 per violation per day
For more information on HPD violations and fines visit https://www.nyc.gov/site/hpd/services-and-information/penalties-and-fees.page
Properties with outstanding HPD violations may be subject to enforcement measures such as HPD litigation, the Alternative Enforcement Program (AEP), or the Proactive Preservation Initiative (PPI). These measures could lead to a lien or judgment against the property.
How do you know if your property has an HPD violation
There are several ways to determine if your property has an HPD violation. One option is to check the official NYC Housing and Preservation Department (HPD) website, which contains information on all active and historical violations across the city.
On the home page, enter the property address to get information about complaints, violations, and property registration, and click “Submit”.
Other options include talking with a professional building inspector or contacting your local government office for more information on HPD violations and how to avoid them.
How can you get an HPD violation removed from your property?
Different violations have different certification periods, which dictate how long owners and managers have to correct the violating conditions. Violations can be certified as corrected online or by mail.
Class A – Correct within 90 days
Class B – Correct within 30 days
Class C – Class C violations unrelated to lead-based paint, window guards, heat or hot water have a 24-hour certification period.
Steps to resolve an HPD violation:
- Prepare and submit a Certificate of Correction before the due date. Our team can help you with this step. Once submitted, expect an inspection from HPD to confirm correction. If no re-inspection is received after 70 days, the violation will be found to be complied and closed automatically.
- Apply for Dismissal Request and host an inspection – if certification period has passed, our experts can help you with getting a dismissal request approved. This may include submitting documents or hosting an inspection in order to verify corrections.
- Request Violation Reissuance – if the violation is over 12 months old, our specialists can help you obtain a new certification period so that you can file a Certificate of Correction and host another inspection to check corrections were made successfully.
Certification of HPD Violations Correction
If owners or managers have received an unjustified violation they must notify the appropriate agency. Different types of violations have different time period for certification. Building managers can request correction of HPD violations online through eCertified Online.
Owners and agents may also sign a corrective certificate from the relevant Borough service center and mail the required document.
HPD can examine the property to make the corrections. HPD will determine the violation within 90 days of HPD receiving its certification.
What you need to know
- HPD Violations are issued by The New York City Department of Housing Preservation and Development (HPD)
- HPD violations are not heard through the ECB, and have their own requirements for resolution.
We are the M/WBE certified and digitally astute expediters, project managers.
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The average HPD violation can start at $10,000, and penalties are applied to incorrectly submitted violations. Don’t DIY.
Frequently Asked Questions
NYC HPD places liens or judgements on properties for numerous reasons, and the most common is when the property owner misses the deadline to cure the violation.
NYC HPD will file a court order on the property to prompt the owner to correct, and also impose civil penalties of $250 daily for lack of heat or hot water violations for the first day, and for any day thereafter, NYC HPD imposes a $500 daily civil penalty multiplied by the actual number of days the problem remains not corrected.
No. Although both can be attached to the same property, they are not the same. Both agencies issue violations, and both agencies have different processes to correct the violations.
Yes. The property has to be deemed safe by HPD for all inhabitants, and the violations will not disappear until they are corrected, and any civil penalties, and fines are paid.
The NYC HPD inspector during the site visit will look for violations visible to the eye even if they are not the ones they are there to inspect.
It’s best to avoid additional violations such as doors with double cylinder locks without keys to exit, gates on windows instead of a latch, carbon dioxide and smoke detectors missing or not working, dark hallways instead of light colored hallways, stairwells unsteady or with cracks in steps, or not having the required signage for the heating, fire, sprinkler or gas system in addition to not having a gas or fire plan with an inspection box noting the dates of the inspections, etc.
NYC HPD will not impose any fines for Class B Fines.
However, NYC HPD’s concern is safety, and if he inspector receives a complaint and visits the property and finds there is no gas, hot water or heat, there will be a fine imposed.
What is a NYC HPD Lien?
NYC HPD places liens or judgements on properties for numerous reasons, and the most common is when the property owner misses the deadline to cure the violation.
What circumstances prompt NYC HPD to file default orders and judgements?
NYC HPD will file a court order on the property to prompt the owner to correct, and also impose civil penalties of $250 daily for lack of heat or hot water violations for the first day, and for any day thereafter, NYC HPD imposes a $500 daily civil penalty multiplied by the actual number of days the problem remains not corrected.
Is the NYC HPD violation the same as a NYC DOB violation?
No. Although both can be attached to the same property, they are not the same. Both agencies issue violations, and both agencies have different processes to correct the violations.
If the property is purchased with NYC HPD violations, do I have to correct them?
Yes. The property has to be deemed safe by HPD for all inhabitants, and the violations will not disappear until they are corrected, and any civil penalties, and fines are paid.
Will the NYC HPD site the property for additional violations once they visit the site to inspect the existing violations?
The NYC HPD inspector during the site visit will look for violations visible to the eye even if they are not the ones they are there to inspect.
It’s best to avoid additional violations such as doors with double cylinder locks without keys to exit, gates on windows instead of a latch, carbon dioxide and smoke detectors missing or not working, dark hallways instead of light colored hallways, stairwells unsteady or with cracks in steps, or not having the required signage for the heating, fire, sprinkler or gas system in addition to not having a gas or fire plan with an inspection box noting the dates of the inspections, etc.
Will NYC HPD impose fines for Class B fines?
NYC HPD will not impose any fines for Class B Fines.
However, NYC HPD’s concern is safety, and if he inspector receives a complaint and visits the property and finds there is no gas, hot water or heat, there will be a fine imposed.
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