Hpd Housing Code Violations Fixes — D.O.B. Guard Resources

HPD Housing Code Violations: Common Issues and How To Fix Them

The NYC Housing Preservation and Development (HPD) enforces the Housing Maintenance Code (Title 27, Subchapter 2) to protect tenants and maintain safe housing standards. HPD violations can result in fines, court orders, and tenant lawsuits. This guide covers the most common violations, how to resolve them, and prevention strategies.

What Are HPD Violations?

HPD violations are issued when a property fails to comply with the NYC Housing Maintenance Code. Violations are categorized by severity:

Class A (Non-Hazardous): Minor issues like peeling paint, minor leaks. Correction deadline: 90 days.
Class B (Hazardous): Moderate hazards affecting health/safety (broken locks, large leaks, no heat/hot water). Correction deadline: 30 days.
Class C (Immediately Hazardous): Severe risks requiring immediate correction (no heat in winter, structural collapse, rats/roaches infestation, lead paint). Correction deadline: 24 hours.

Top 10 Most Common HPD Violations

1. Heat and Hot Water Failures

Violation: Failure to maintain heat (68°F day, 62°F night from Oct 1 - May 31) or hot water (120°F minimum).

Fix: Repair boiler/hot water heater immediately. File HPD emergency repair reports. Document repairs with invoices and inspection certificates.

Penalty: $250–$500 per day for Class B; $500–$1,000 per day for Class C.

2. Lead Paint Hazards (Local Law 1)

Violation: Peeling paint in apartments built before 1960 with children under 6 years old.

Fix: Hire EPA-certified lead remediation contractor. File XRF testing results and HPD Lead Clearance Certificate. Annual inspections required.

Penalty: $500–$1,500 per violation; tenant lawsuits common.

3. Pest Infestation (Rats, Mice, Roaches, Bed Bugs)

Violation: Evidence of pests or failure to remediate infestations.

Fix: Hire licensed pest control company (must file NYC DOHMH logs). Seal entry points, repair leaks, remove garbage. Provide tenant education on prevention.

Penalty: $300–$1,000 per violation.

4. Broken or Missing Smoke/CO Detectors

Violation: Non-functional, missing, or improperly placed smoke/carbon monoxide detectors.

Fix: Install UL-listed detectors in every bedroom and common area. Test monthly. Replace batteries annually (or use 10-year sealed units).

Penalty: $25–$250 per unit; criminal liability if tenant injury/death occurs.

5. Mold and Moisture Issues

Violation: Visible mold growth, chronic leaks, inadequate ventilation.

Fix: Identify and repair leak source (roof, plumbing, HVAC). Hire mold remediation contractor. Improve ventilation (exhaust fans, dehumidifiers). File HPD mold assessment.

Penalty: $200–$800 per violation.

6. Broken Locks and Security Issues

Violation: Non-functional door locks, broken apartment/building entry doors, missing peepholes.

Fix: Replace locks with heavy-duty deadbolts. Install self-closing doors with auto-lock mechanisms. Provide peepholes in all apartment doors.

Penalty: $50–$500 per violation.

7. Plumbing Leaks and Water Damage

Violation: Leaking pipes, clogged drains, water-damaged ceilings/walls.

Fix: Hire licensed plumber to repair leaks. Replace damaged sheetrock, repaint. Inspect adjacent units for hidden damage.

Penalty: $100–$600 per violation.

8. Inadequate Lighting in Common Areas

Violation: Broken or missing lights in hallways, stairs, basement.

Fix: Install bright LED bulbs (minimum 5 foot-candles per Housing Code). Replace broken fixtures. Install emergency lighting.

Penalty: $25–$150 per violation.

9. Illegal Apartment Conversions

Violation: Unauthorized subdivision of apartments, SRO units, basement/cellar conversions.

Fix: File alteration application with DOB to legalize (if compliant) or restore to legal configuration. May require architect, MEP engineer, and DOB approval.

Penalty: $1,000–$5,000+ per violation; possible stop-use order.

10. Window Guards (Local Law 66)

Violation: Failure to install window guards in apartments with children under 11 years old.

Fix: Send annual notice (Jan 1) to all tenants asking if children under 11 reside there. Install ASTM-compliant window guards. File HPD annual certification.

Penalty: $250–$500 per violation.

HPD Violation Cure Process

Receive Notice: HPD mails violation notice (or posts on door if undeliverable).
Inspect Property: Verify violation accuracy. Document current condition with photos/video.
Correct Issue: Complete repairs within deadline (24 hours, 30 days, or 90 days depending on class).
Certify Correction: Log into HPD Online and file "Owner's Certification of Correction" with proof (invoices, photos, permits).
HPD Re-Inspection: HPD may schedule re-inspection to verify correction. Be available for access.
Violation Dismissed: If correction verified, violation is dismissed. If not corrected, civil penalties are assessed.

Pro Tip: Always keep documentation: work orders, contractor invoices, inspection reports, photos. These are critical if HPD disputes your certification or tenant sues.

Civil Penalties and OATH Hearings

If violations are not corrected by deadline, HPD issues a Notice of Violation (NOV) with civil penalties. You can:

Pay the Fine: Admit violation and pay penalty (waives right to dispute).
Request OATH Hearing: Contest the violation within 60 days. Present evidence at Office of Administrative Trials and Hearings.
Apply for Mitigation: If violation is corrected before hearing, request reduced penalty (typically 50% reduction).

Prevention Strategies

Annual Inspections: Hire property manager or superintendent to conduct quarterly inspections of all units and common areas.
Tenant Communication: Establish clear repair request process. Respond to complaints within 24 hours.
Preventive Maintenance: Schedule regular boiler servicing, pest control, smoke detector testing, and roof inspections.
Automated Monitoring: Use tools like D.O.B. Guard to track HPD complaints, violations, and deadlines automatically.
Training: Educate staff on Housing Maintenance Code requirements and emergency procedures.

HPD Datasets to Monitor

D.O.B. Guard tracks these critical HPD datasets:

HPD Violations: All open/resolved violations by property (updated weekly).
HPD Complaints: 311 service requests filed against properties (updated daily).
HPD Litigation: Housing Court cases, HP Actions, 7A proceedings.
Emergency Repair Program (ERP): HPD-ordered repairs where city bills owner.
Alternative Enforcement Program (AEP): Properties in HPD's "worst landlord" watchlist.

Frequently Asked Questions

How long does it take for HPD to dismiss a corrected violation?

After filing a Certification of Correction, HPD typically processes the dismissal within 30–45 days. If a re-inspection is required, allow 60–90 days.

Can tenants sue for HPD violations?

Yes. Tenants can sue in Housing Court for rent abatement (reduction) or damages due to uncorrected violations, especially Class B and C violations affecting habitability.

What if I'm a new owner and inherited violations?

You're responsible for correcting violations even if the previous owner caused them. Always review HPD records before purchasing a property.

Can I dispute an HPD violation if I disagree with the inspector?

Yes. Request an OATH hearing within 60 days. Bring photos, invoices, and expert testimony (contractor, engineer) to prove compliance.

Related Resources

Last updated: October 2025. This guide is for informational purposes only and does not constitute legal advice.