HPD Violations NYC Guide: Types, Penalties & Correction Process 2025

NYC HPD (Housing Preservation & Development) violations affect over 200,000 residential properties annually. These housing code violations range from minor maintenance issues to immediately hazardous conditions requiring 24-hour correction. Uncorrected HPD violations result in civil penalties, litigation, rent withholding rights for tenants, and property liens. This comprehensive guide covers everything NYC landlords need to know about HPD violations in 2025.

What Are HPD Violations?

HPD violations are issued by the NYC Department of Housing Preservation & Development for violations of the NYC Housing Maintenance Code. These violations address housing quality, habitability, and tenant safety—distinct from DOB violations which focus on construction and structural issues.

Authority: NYC Housing Maintenance Code (Title 27, Chapter 2)

Enforcement: HPD inspectors, Code Enforcement Bureau

Trigger: Tenant complaints (86%), proactive inspections (14%)

HPD Violation Classifications

Class A Violations (Immediately Hazardous)

Definition: Conditions that pose immediate danger to life, health, or safety requiring correction within 24 hours.

Examples:

• No heat (October 1 - May 31) when temp below 68°F
• No hot water
• Lead paint hazards (peeling/chipping lead paint)
• Gas leaks or exposed electrical wiring
• No running water
• Broken locks on apartment doors
• Structural collapse risk
• Rat/mice infestation (severe)

Correction Deadline: 24 hours

Penalties: $250-$500 per day

Consequences: HPD emergency repair (cost billed to owner), immediate ECB summons, potential building vacate order

Class B Violations (Hazardous)

Definition: Conditions that are hazardous to health and safety but not immediately life-threatening. Correction required within 30 days.

Examples:

• Mold (extensive or recurring)
• Mice or roach infestation
• Peeling paint (non-lead)
• Broken windows
• Leaking roof or plumbing
• No window guards (apartments with children under 11)
• Non-functioning bathroom fixtures
• Missing smoke/carbon monoxide detectors
• Inadequate heat (not maintaining 68°F)

Correction Deadline: 30 days

Penalties: $50-$150 per month (recurring until corrected)

Consequences: ECB summons if not corrected, rent reduction proceedings, HPD litigation

Class C Violations (Non-Hazardous)

Definition: Maintenance issues that don't pose immediate health/safety risks. Correction required within 90 days.

Examples:

• Minor peeling paint (small areas, non-lead)
• Cracked floor tiles
• Loose door handles
• Missing outlet covers
• Dirty common areas
• Non-functioning intercom
• Minor plumbing leaks

Correction Deadline: 90 days

Penalties: $10-$50 per month (recurring until corrected)

Consequences: ECB summons if not corrected within 90 days

How HPD Violations Are Issued

1. Tenant Complaint (86% of violations)

Tenant calls 311 or files complaint on NYC 311 Portal → HPD schedules inspection within 7-30 days → Inspector visits property → Violations issued for confirmed issues.

2. Proactive HPD Inspections (14%)

HPD targets buildings with: history of violations, multiple 311 complaints, registered with HPD Alternative Enforcement Program (AEP), specific neighborhoods for compliance sweeps.

3. Heat Complaints (Winter Only)

October 1 - May 31: Landlords must provide heat when outdoor temp below 55°F. Violations issued automatically if heat not provided within 8 hours of complaint.

HPD Violation Correction Process

Step 1: Receive Violation Notice

HPD mails violation notice within 7-14 days. Check HPD Online immediately for full details.

Step 2: Correct the Condition

Hire appropriate contractors: licensed plumbers for plumbing issues, EPA-certified contractors for lead paint, mold remediation specialists (NYC HPD-approved), licensed electricians for electrical work, certified pest control companies.

Step 3: Certify Correction

Log into HPD Online → "Certify Correction" → Upload documentation (photos, invoices, contractor certifications, clearance tests for lead/mold).

Step 4: HPD Re-Inspection

HPD may schedule re-inspection (30-60 days). Provide immediate access or face additional violations.

Step 5: Violation Dismissed

Once verified, violation status changes to "Closed" in HPD Online. Keep documentation for 5+ years.

For detailed step-by-step guidance, read our HPD Violations Cure Process Guide.

HPD Penalties and Fines (2025)

Recurring Penalties: Fines continue monthly until violation is corrected and verified by HPD. A single Class B violation can cost $1,800+ per year if left uncorrected.

HPD Litigation and Alternative Enforcement

Properties with chronic violation histories are enrolled in HPD's Alternative Enforcement Program (AEP):

• Triggers: 5+ Class A violations in 12 months, 10+ Class B violations in 12 months, failure to correct within deadlines
• Consequences: Mandatory inspections every 3 months, HPD-appointed administrator (owner pays fees), mandatory repairs (HPD bills owner), property liens, potential HPD-initiated foreclosure
• Removal: 12 consecutive months with no new violations and all existing violations corrected

Tenant Rights During HPD Violations

Tenants with uncorrected Class A or B violations may:

• Withhold rent (via HP Action in Housing Court)
• Sue for rent reduction (33% typical reduction for serious violations)
• Request HPD emergency repairs (cost deducted from rent)
• Break lease without penalty (for Class A violations)
• File harassment complaints if landlord retaliates

How to Avoid HPD Violations

1. Respond to Tenant Complaints Immediately

68% of violations are preventable by addressing issues before tenants file 311 complaints. Establish 24-hour emergency repair protocols.

2. Conduct Seasonal Inspections

Inspect all units before heating season (September), after winter (May), and mid-summer (July). Document conditions with photos.

3. Track 311 Complaints

Monitor 311 Portal daily for new complaints. Use D.O.B. Guard to receive instant 311 complaint alerts.

4. Maintain Preventive Maintenance Schedule

Boiler inspections (annually), pest control (monthly), HVAC servicing (quarterly), plumbing inspections (annually), paint maintenance (every 3 years).

5. Provide Heat Proactively

Don't wait for complaints. Monitor outdoor temperatures October-May and ensure heat is on when required (68°F indoors).

Frequently Asked Questions

Do HPD violations transfer to new owners?

Yes. All open HPD violations transfer with the property. New owners are responsible for correction and all accrued fines.

How do I check for HPD violations?

Search by address on HPD Online or use D.O.B. Guard's unified search to check all databases at once.

Can I dispute an HPD violation?

Yes. Request OATH hearing within 40-60 days. Bring evidence (photos, receipts, inspection reports) proving condition didn't exist or was already corrected.

What if tenant caused the condition?

Landlord is still responsible for correction. You can pursue tenant for damages in Housing Court after violation is corrected.

Related Resources

• HPD Housing Code Violations: Common Issues and How To Fix Them
• Landlord's Guide: HPD Violations Cure Process
• 311 Complaints That Become Violations
• Complete Guide to NYC Building Violations

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