Housing Maintenance Code Violations NYC: Complete Landlord Guide 2025

The NYC Housing Maintenance Code establishes minimum standards for residential building maintenance and sets requirements for landlords to keep apartments safe and habitable. HPD (Department of Housing Preservation & Development) enforces these standards by issuing violations for conditions that violate tenant rights. In 2024, HPD issued over 250,000 violations, with penalties ranging from $50 to $5,000+ per violation. This guide covers everything landlords and property managers need to know about Housing Maintenance Code violations.

What is the NYC Housing Maintenance Code?

The NYC Housing Maintenance Code (Title 27, Chapter 2 of NYC Administrative Code) establishes minimum standards for:

Building structure and maintenance
Heating and hot water
Plumbing and sanitation
Electrical systems
Fire safety and egress
Light and ventilation
Pest control
Lead paint safety
Garbage and waste disposal

Who enforces it: NYC Department of Housing Preservation & Development (HPD)
Applies to: All residential buildings in NYC
Purpose: Protect tenant health and safety through minimum housing standards

Types of Housing Maintenance Code Violations

HPD classifies violations by severity based on health and safety impact:

Class A Violations (Non-Hazardous)

Conditions that are not immediately hazardous but violate the Housing Maintenance Code:

Peeling paint (non-lead areas)
Minor water leaks
Cracked plaster or walls
Loose floor tiles
Defective outlets or switches (non-hazardous)
Missing window screens
Minor vermin conditions
Damaged window sills

Correction Deadline: 90 days
Initial Fine: $50-$150
If Not Corrected: $200-$500 + continuing penalties

Class B Violations (Hazardous)

Conditions hazardous to health, safety, or public welfare:

No heat or inadequate heat (below 68°F during day, 62°F at night)
No hot water or inadequate hot water (below 120°F)
Roach or rodent infestation
Major water leaks affecting multiple units
Mold conditions
Broken entrance locks or inadequate security
Non-functioning smoke detectors
Broken windows
Defective railings or stairs
Inadequate light or ventilation

Correction Deadline: 30 days
Initial Fine: $125-$1,000
If Not Corrected: $1,000-$3,000 + ECB hearings

Class C Violations (Immediately Hazardous)

Conditions immediately hazardous to life or health:

Lead paint hazard with child under 6 in residence
No heat in winter (Oct 1 - May 31)
Structural collapse risk
Exposed electrical wiring
Gas leaks
Blocked fire exits
Major fire hazards
Sewage backup
Collapsed ceilings or walls

Correction Deadline: 24 hours (1 day)
Initial Fine: $500-$2,000
If Not Corrected: $2,000-$5,000 + emergency repairs at owner's cost + potential vacate order

How HPD Violations Are Issued

1. Tenant Complaints (Most Common)

Tenants file complaints via:

311 Phone: Call 311
Online: NYC 311 Portal
HPD Directly: Walk-in or mail complaint

HPD schedules inspection within 7-30 days depending on complaint severity.

2. HPD Proactive Inspections

HPD conducts routine inspections of:

Buildings with history of violations
Multiple dwellings (3+ units)
Properties in high-complaint neighborhoods
Buildings flagged for lead paint risk

3. Emergency Situations

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

Most Common Housing Maintenance Code Violations

Based on 2024 HPD data, the most frequently issued violations:

1. No Heat / Inadequate Heat (22% of violations)

NYC Heat Requirements (Oct 1 - May 31):

Day (6 AM - 10 PM): 68°F when outdoor temp below 55°F
Night (10 PM - 6 AM): 62°F regardless of outdoor temp

Violation issued if apartment fails to meet these temperatures. Class C violation = $500+ fine.

2. No Hot Water / Inadequate Hot Water (18% of violations)

NYC Hot Water Requirements (Year-round):

Hot water must be provided 24/7/365
Minimum temperature: 120°F at faucet
Applies to kitchen and bathroom

3. Roaches / Rodents (15% of violations)

Landlord must:

Provide regular pest control
Seal entry points
Address building-wide infestations
Respond within 30 days to tenant complaints

4. Water Leaks / Mold (12% of violations)

Must repair:

Roof leaks
Plumbing leaks
Water damage and mold growth
Failed waterproofing

5. Lead Paint Violations (8% of violations)

If child under 6 resides in building:

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

Penalties: $1,000-$8,000+ per violation

Violation Correction Process

Step 1: Receive Notice of Violation

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

Violation class (A, B, or C)
Description of condition
Apartment/location
Correction deadline
Penalty if not corrected
Violation number

Step 2: Correct the Violation

Address issue promptly:

Hire licensed contractors for repairs
Restore heat/hot water immediately (Class C)
Provide pest control services
Fix leaks and remediate mold
Document all work with photos, invoices, receipts

Step 3: Certify Correction

Option A: Owner Self-Certification

Certify online at HPD Online. Must provide:

Description of corrective work
Date completed
Supporting photos
Contractor invoices

Option B: Request HPD Re-Inspection

HPD inspector verifies correction. Takes 30-60 days to schedule.

Step 4: Violation Dismissed

Once correction verified, violation dismissed from record. If deadline missed, civil penalties assessed.

Penalties and Consequences

Class	Deadline	Initial Fine	If Uncorrected
Class A	90 days	$50-$150	$200-$500
Class B	30 days	$125-$1,000	$1,000-$3,000
Class C	24 hours	$500-$2,000	$2,000-$5,000+

Additional Consequences:

Rent Abatement: Tenants can withhold rent or sue for rent reduction (10-50% typical)
HP Actions: Tenant-initiated Housing Court proceedings to force repairs
7A Administrator: Court-appointed manager takes over building (severe cases)
Building Liens: Unpaid fines become liens affecting sale/refinance
Cannot Collect Rent: Can't sue for unpaid rent if Class B/C violations exist
Emergency Repairs: HPD performs repairs, bills owner at triple cost

Preventing Housing Maintenance Code Violations

1. Maintain Proactive Maintenance Schedule

Annual apartment inspections
Monthly/quarterly pest control
Seasonal HVAC servicing
Regular plumbing inspections
Roof and building envelope maintenance

2. Respond to Tenant Complaints Immediately

24-hour response for no heat/hot water
48-hour response for urgent repairs
7-day response for non-urgent issues
Document all complaint responses

3. Heat Season Compliance (Oct 1 - May 31)

Test boiler before heating season
Ensure adequate fuel supply
Monitor boiler daily
Have emergency repair contractor on standby

4. Lead Paint Compliance

Annual visual inspections if child under 6
Immediate testing of peeling paint
EPA-certified lead-safe work practices
Provide annual lead paint notices

Frequently Asked Questions

Can I evict a tenant who files HPD complaints?

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

How do I check for open violations on my building?

Search HPD Online by address 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.

What if the tenant caused the damage?

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

How long do violations stay on record?

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

Related Resources

External Resources

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