Apartment Violations NYC: Landlord's Complete Guide 2025

NYC apartment violations are one of the most common enforcement actions against landlords and property owners. In 2024, HPD (Housing Preservation & Development) issued over 250,000 housing maintenance code violations, while DOB issued thousands of illegal conversion violations. Apartment violations can result in fines of $50-$15,000 per violation, ECB summonses, rent abatement for tenants, and even building vacate orders. This comprehensive guide covers everything landlords need to know about apartment violations in NYC.

Types of Apartment Violations in NYC

HPD Housing Maintenance Code Violations

HPD enforces the Housing Maintenance Code for all residential buildings. Violations are classified by severity:

Class A Violations (Non-Hazardous)

Peeling paint (non-lead)
Minor leaks or water damage
Loose or missing tiles
Defective outlets or switches
Minor vermin conditions

Correction Deadline: 90 days
Fine: $50-$150 per violation

Class B Violations (Hazardous)

No heat or hot water
Roach or rodent infestation
Major water leaks
Mold conditions
Broken locks or security issues
Non-functioning smoke detectors

Correction Deadline: 30 days
Fine: $125-$1,000 per violation

Class C Violations (Immediately Hazardous)

Lead paint hazards with children under 6
No heat in winter (below 68°F)
Structural collapse risk
Exposed electrical wiring
Gas leaks
Major fire hazards

Correction Deadline: 24 hours
Fine: $500-$5,000 per violation + potential vacate order

Learn more about housing maintenance code violations.

DOB Illegal Conversion Violations

Creating or operating illegal apartments without proper permits and C of O amendments:

Illegal basement apartments: Below-grade units not meeting legal ceiling height/egress requirements
Cellar apartments: More than 50% below grade (illegal in all cases)
SRO subdivisions: Creating single-room-occupancy units without DOB approval
Excess units: More units than shown on Certificate of Occupancy
Illegal rooming houses: Renting rooms without proper license

Violation Code: NYC Administrative Code § 28-210.1
Penalties: $5,000-$15,000 per violation + Stop Work Orders + ECB fines
Consequence: Forced removal of illegal apartments at owner's expense

Lead Paint Violations

NYC has strict lead paint laws for apartments with children under 6:

Annual visual inspections required
XRF testing for peeling paint
Immediate remediation if lead detected
HPD certification of lead-safe apartments

Penalties: $1,000-$8,000 per violation + potential tenant lawsuits

How Apartment Violations Are Issued

1. Tenant Complaints (Most Common)

Tenants can file 311 complaints or directly with HPD for:

No heat or hot water
Vermin infestation
Water leaks or mold
Broken appliances
Unsafe conditions

Response Time: HPD typically inspects within 7-30 days depending on complaint severity.

2. HPD Routine Inspections

HPD conducts proactive inspections of:

Buildings with history of violations
Properties in high-complaint areas
Multi-family buildings (3+ units)
Buildings flagged for lead paint risk

3. DOB/FDNY Referrals

During DOB or FDNY inspections, inspectors may observe housing code violations and refer to HPD.

4. Emergency Situations

No heat in winter, gas leaks, or structural emergencies trigger immediate HPD response and violations.

Violation Correction Process

Step 1: Receive Notice of Violation

HPD posts violation at property and mails to owner. Notice includes:

Violation class and description
Apartment/location affected
Correction deadline
Penalty if not corrected

Step 2: Correct the Violation

Address the issue promptly:

Hire licensed contractors for repairs
Restore heat/hot water immediately (Class C)
Eliminate vermin infestation
Fix leaks and remove mold
Document all work with photos and invoices

Step 3: Certify Correction

Two options:

Option A: Self-Certification
Owner certifies correction online at HPD website. Must provide:

Description of work performed
Date of completion
Supporting photos
Contractor invoices

Option B: HPD Re-Inspection
Request HPD inspector to verify correction. Takes 30-60 days.

Step 4: Violation Dismissed

Once correction certified/verified, violation dismissed. If deadline missed, civil penalties assessed.

Penalties and Consequences

Violation Class	Initial Fine	If Uncorrected
Class A	$50-$150	$200-$500
Class B	$125-$1,000	$1,000-$3,000
Class C	$500-$5,000	$5,000-$15,000
Illegal Conversion	$5,000-$15,000	$15,000-$50,000+

Additional Consequences

Rent Abatement: Tenants can withhold rent or sue for rent reduction (typically 10-50%)
Housing Court Actions: HPD can sue to force compliance
Appointment of 7A Administrator: Court-appointed manager takes over building (severe cases)
Building Liens: Unpaid fines become liens on property
Inability to Collect Rent: Cannot sue for unpaid rent if Class B/C violations exist
Tenant Lawsuits: Personal injury claims from unsafe conditions
Insurance Issues: Claims denied for known violations

Preventing Apartment Violations

1. Maintain Proactive Maintenance Schedule

Annual apartment inspections
Regular pest control
Preventive plumbing maintenance
HVAC system servicing

2. Respond to Tenant Complaints Immediately

24-hour emergency response (no heat, no water)
48-hour response for urgent issues
7-day response for non-urgent repairs
Document all complaint responses

3. Ensure Legal Apartment Configurations

Verify Certificate of Occupancy matches actual units
Never create illegal basement/cellar apartments
Obtain permits for any apartment alterations
Maintain minimum legal ceiling heights (8' for living spaces)

4. Lead Paint Compliance

Annual visual inspections if children under 6 reside
Immediate testing and remediation of peeling paint
Provide annual lead paint notices to tenants
Maintain EPA-certified lead-safe practices

5. Monitor Buildings Automatically

Use DOB Guard to:

Track HPD violations across portfolio
Get alerts for new violations immediately
Monitor correction deadlines
Track 311 complaints before violations issued

Tenant Rights and Landlord Obligations

Warranty of Habitability

NYC law requires landlords to maintain apartments in habitable condition:

Heat: 68°F day, 62°F night (Oct 1 - May 31)
Hot water: 120°F at all times
No vermin infestation
Working locks on doors/windows
No leaks or mold
Functional smoke and CO detectors

Tenant Remedies

If landlord doesn't correct violations, tenants can:

Withhold rent: Deposit into escrow account
Repair and deduct: Make repairs and deduct from rent
Sue for damages: Personal injury or property damage claims
File HP Action: Housing Court proceeding to force repairs
Report to HPD/DOB: Trigger inspections and violations

Frequently Asked Questions

Can I evict a tenant who files complaints?

No. Retaliatory evictions are illegal in NYC. Cannot evict, raise rent, or reduce services within 6 months of tenant complaint.

How do I check for violations on my building?

Search HPD Online or use our free violation lookup tool.

Can I collect rent if I have open violations?

Class A: Yes. Class B/C: Cannot sue for rent if violations existed when tenant moved in or weren't corrected after notice.

How long do apartment violations stay on record?

Permanently, even after corrected. Shows in HPD database and affects property value, insurance, financing.

What if tenant caused the damage?

Still responsible for correction. Can pursue tenant for costs in Housing Court after repairs completed.

Related Resources

External Resources

Last updated: November 2025. This guide is for informational purposes only and does not constitute legal advice. Consult with housing court attorney for specific situations.