Check if your building is at risk for AEP selection.
The HPD Alternative Enforcement Program (AEP) Explained
The Alternative Enforcement Program (AEP) is one of the most severe enforcement actions taken by the NYC Department of Housing Preservation and Development (HPD). It targets the 250 most distressed multiple dwellings in the city each year.
Buildings are selected for the AEP based on having an exceptionally high ratio of open Class B and Class C violations relative to the number of apartments, as well as significant unpaid emergency repair charges. Being selected for this program means the city will aggressively force repairs, often billing the owner at a massive premium.
Why it matters for NYC property owners
Once a building enters the AEP, the owner is subjected to intense regulatory scrutiny, frequent inspections, and steep program fees. If the owner fails to correct the violations quickly, HPD will issue an "Order to Correct." If the order is ignored, HPD will dispatch its own contractors to make comprehensive repairs—ranging from boiler replacement to roof work—and bill the owner through the property tax roll. These liens can quickly lead to foreclosure proceedings.
How Buildings are Selected
HPD reviews the city's housing stock annually (usually in January). While the exact criteria evolve slightly, selection generally hinges on:
- A high ratio of open, hazardous (Class B and C) violations per dwelling unit.
- A high ratio of unpaid Emergency Repair Program (ERP) charges.
- Failure to properly register the property with HPD.
Don't let violations accumulate
D.O.B. Guard monitors your properties to ensure violations don't pile up unnoticed, keeping you off the AEP radar.
Start MonitoringThe Discharge Process
Getting out of the AEP is difficult and costly. To be discharged, an owner typically must:
- Correct all specific violations cited in the AEP order.
- Pay all outstanding HPD Emergency Repair charges and AEP program fees.
- Ensure the building has a valid, current HPD Property Registration.
- Pass a comprehensive, top-to-bottom re-inspection by HPD.
What owners or managers should check
- Routinely review your HPD violation count. If your ratio of Class B/C violations to units exceeds the current year's threshold, you are at risk.
- Pay any outstanding ERP charges immediately to reduce your AEP qualification score.
- Ensure your annual HPD Property Registration is filed and active.
How D.O.B. Guard can help
By providing real-time alerts for new 311 complaints and HPD violations, D.O.B. Guard allows you to manage issues proactively. If you are already facing a high volume of violations, we can coordinate with specialists to help clear the backlog before the annual AEP selection occurs.
Related Resources
Take Control of Your Building's Status
See exactly how many HPD violations your property has right now, or request professional help to clear a massive backlog.
Disclaimer: This is general information only. The Alternative Enforcement Program is highly complex and legally binding. For a property-specific determination on AEP criteria, discharge requirements, or negotiating with HPD, confirm with the relevant NYC agency (e.g., HPD) or consult a qualified attorney or expeditor. D.O.B. Guard does not provide legal advice.
Frequently Asked Questions
How often are buildings selected for the AEP?
HPD selects a new round of 250 buildings every year, typically in January. The criteria for selection are published annually.
Can a building be sold while in the AEP?
Yes, but the AEP status remains with the property. The new owner inherits all open violations, pending HPD repair orders, and any associated liens. This drastically impacts the property's sale value.
