HPD Violations New York: What You MUST Know (Avoid Fines!)

The New York City Department of Housing Preservation and Development (HPD) enforces housing codes designed to ensure safe and habitable living conditions. These codes, interpreted differently by landlords and tenants, often lead to HPD violations New York, and subsequent legal challenges. Effective management of residential properties requires familiarity with the Housing Maintenance Code (HMC), the framework that governs these violations. Furthermore, tools such as the HPD website's Property Profile allows users to research violation history, an indispensable step in mitigating the risk of HPD violations New York. Therefore, comprehensive understanding of the above mentioned entities is paramount for all landlords.

Image taken from the YouTube channel Brooklyn Living by Arron Johnson , from the video titled HPD Violations - How to Buy Properties with HPD Violations .

Understanding HPD Violations in New York City: Your Guide to Compliance and Avoiding Fines

This comprehensive guide explains everything you need to know about HPD violations in New York City, ensuring you stay compliant with housing regulations and avoid costly fines. We'll break down the types of violations, the inspection process, how to check for violations, and what steps you need to take to correct them.

What are HPD Violations?

HPD violations, or Housing Preservation and Development violations, are notices issued by the NYC Department of Housing Preservation and Development (HPD) to property owners when a condition within a building violates the Housing Maintenance Code. These violations can range from minor issues like peeling paint to serious hazards like lack of heat or hot water.

Why are HPD Violations Important?

Ignoring HPD violations can lead to significant consequences, including:

• Fines: HPD can impose substantial fines for each violation, which can quickly add up.
• Legal Action: In severe cases, HPD can pursue legal action against property owners, potentially leading to court orders and further penalties.
• Tenant Lawsuits: Tenants can sue landlords for failing to maintain habitable living conditions.
• Impact on Property Value: Unresolved violations can negatively affect the property's value.

Types of HPD Violations: Understanding the Classifications

HPD violations are categorized into three classes based on their severity:

1. Class A (Non-Hazardous): These are the least severe violations and typically involve minor issues that do not pose an immediate threat to tenants' health or safety. Examples include:
   • Peeling paint (non-lead based)
   • Minor cracks in walls
   • Leaky faucets
   • Broken light fixtures in common areas
2. Class B (Hazardous): These violations represent more serious conditions that could potentially affect tenants' health or safety. Examples include:
   • Missing or broken window guards (where required)
   • Inadequate lighting in hallways
   • Water leaks causing dampness or mold
3. Class C (Immediately Hazardous): These are the most severe violations, posing an immediate danger to tenants' health and safety. Examples include:
   • Lack of heat or hot water
   • Rodent or insect infestations
   • Gas leaks
   • Collapsed ceilings
   • Exposed electrical wiring

The following table summarizes the violation classifications:

Note: The time to correct can be shorter based on the specifics of the violation.

The HPD Inspection Process

HPD inspections can be triggered in several ways:

• Tenant Complaints: The most common trigger. Tenants can file complaints with HPD about conditions in their apartment or building.
• Proactive Inspections: HPD conducts proactive inspections in certain areas or buildings based on risk factors.
• Follow-up Inspections: HPD conducts follow-up inspections to ensure that previously cited violations have been corrected.

During an inspection, an HPD inspector will examine the property for any violations of the Housing Maintenance Code. If violations are found, the inspector will issue a Notice of Violation (NOV) to the property owner.

Finding and Checking for HPD Violations: How to Stay Informed

Staying informed about HPD violations affecting your property is crucial. Here's how:

1. HPD Online Resources: Utilize the HPD website's "Building Information Portal." This tool allows you to search for HPD violations by address, block and lot number, or BIN (Building Identification Number).
2. 311: Call 311 or use the 311 website or app to inquire about building violations and complaints.
3. Regular Inspections: Conduct regular self-inspections of your property to identify and address potential violations before they are reported.

Correcting HPD Violations: A Step-by-Step Guide

Correcting HPD violations promptly and effectively is essential to avoid further penalties. Follow these steps:

1. Review the Notice of Violation (NOV): Carefully review the NOV to understand the specific violation, its classification, and the deadline for correction.
2. Make Necessary Repairs: Take immediate action to correct the violation. This may involve hiring contractors or performing the repairs yourself.
3. Document the Repairs: Keep detailed records of all repairs made, including dates, descriptions of the work performed, and receipts for materials and labor.
4. Certify Correction: Once the violation has been corrected, you must certify the correction with HPD. This typically involves submitting documentation and photos to HPD.
   • Certification requirements can vary, so check the HPD website or contact HPD directly for specific instructions.
5. Re-inspection (If Required): In some cases, HPD may require a re-inspection to verify that the violation has been properly corrected.
6. Contesting Violations: If you believe that a violation was issued in error or that the condition does not exist, you have the right to contest the violation. You must do so within a specified timeframe.
   • Consult the HPD website for information on how to contest violations.

HPD Violation Penalties & Fines

The fines for HPD violations vary depending on the class of violation and whether it is a first-time offense or a repeat offense. Fines can also increase if violations are not corrected within the specified timeframe.

As a general guide:

Note: These are estimated ranges and may vary. Refer to the HPD website or consult with an attorney for the most accurate and up-to-date information.

Failure to pay fines can result in liens being placed on your property.

Resources for Property Owners

Several resources are available to help property owners comply with HPD regulations:

• HPD Website: The HPD website provides comprehensive information on housing codes, violations, and compliance procedures.
• Legal Assistance: Consult with an attorney specializing in housing law to understand your rights and obligations.
• Tenant Advocacy Groups: Tenant advocacy groups can provide information and support to both tenants and landlords.
• Landlord Associations: Landlord associations offer resources, training, and networking opportunities for property owners.

Video: HPD Violations New York: What You MUST Know (Avoid Fines!)

Play Video