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Department of Housing Preservation and Development (HPD)
The New York City Department of Housing Preservation and Development (HPD) is responsible for enforcing the New York State Multiple Dwelling Law and the New York City Housing Maintenance Code. HPD housing inspectors visit privately owned buildings to investigate tenant complaints. When inspectors find conditions that violate the housing standards, HPD issues notices of violations to the owners of the buildings. Uncorrected HPD violations may impair the sale or refinancing of a property because a title search will show outstanding violation against it.
The enforcement process begins when a tenant makes a complaint to HPD's Central Complaint Bureau, that building owners are not providing adequate heat and/or hot water. Other issues include inadequate maintenance and repair, such as peeling lead paint, broken plaster, and rodent infestation.
Violations (NOV)
An inspector is sent to observe the reported condition. If an inspector finds conditions that violate the Housing Maintenance Code, HPD sends the building owner a Notice of Violation (NOV), which directs the owner to correct the violations by a specified "Correction Date" and to certify that he or she has made the corrections by returning an attached certification form by the specified "Certification Date."
The NOV states that the landlord is subject to penalties if the violations are not corrected and certified as corrected by the specified dates. Additional fines, penalties, and/or imprisonment are also prescribed for false correction certifications. The Housing Maintenance Code classifies violations as either class A, B, or C, depending upon the hazard involved. The time period allowed for correcting and for certifying that corrections have been made differ according to the class of violation. For example, those violations deemed immediately hazardous are designated as "Class C" violations.
The City's Administrative Code specifies that to enforce penalties against owners who do not correct and certify the correction of violations, HPD must initiate litigation and obtain judgments against the owners in the Housing Part of the Civil Court. Litigation also must be initiated to penalize owners who falsely certify the correction of violations. Because HPD does not have the legal staff to take landlords to court for every NOV issued, it has difficulty penalizing landlords for not correcting violations. For more information on violations and how to correct visit the HPD website or click here.
SUMMARY OF THE THREE CLASSES OF HOUSING CODE VIOLATIONS
1. CLASS "A" and "B" NON-HAZARDOUS
CORRECTION & CERTIFICATION DATES
- Must be corrected 90 days from the mailing of the NOV.
- Certification of Correction is required 14 days after this Correction Date.
PENALTIES FOR FAILURE TO COMPLY As Per NYC Administrative Code
$10 to $50 per violation per day, from the required correction date until the violation is actually corrected.
2. CLASS "B" HAZARDOUS
CORRECTION & CERTIFICATION DATES
- Must be corrected 30 days from the mailing of the NOV.
- Certification of correction is required five days after this Correction Date.
PENALTIES FOR FAILURE TO COMPLY As Per NYC Administrative Code
$25 to $100, plus $10 per day, from required correction date until the violation is actually corrected.
3. CLASS "C" IMMEDIATELY HAZARDOUS
CORRECTION & CERTIFICATION DATES
- Must be corrected twenty four hours from the mailing of the NOV.
- Certification of correction is required five days after this Correction Date.
PENALTIES FOR FAILURE TO COMPLY As Per NYC Administrative Code
- $50 per violation per day for buildings with 5 or fewer units; $50 to $150 per violation, plus $125 per violation per day for buildings with more than five units;
- Heat and Hot Water Violations: $250 per violation per day;
- Illegal Device on Central Heating System: $25 per day or $1,000, whichever is more.
Emergency Repair
Although it is difficult for HPD to penalize landlords who do not correct violations, the Administrative Code does give HPD authority to correct the violations when owners do no not. According to the Administrative Code, HPD can correct those conditions that are "dangerous to human life and safety or detrimental to health." To correct dangerous housing conditions, HPD, through its Emergency Repair Program (ERP), hires a contractor or assigns its own employees to make the repair. HPD notifies the Department of Finance of the cost of the repair and The Department of Finance bills the owner.
If an emergency condition is verified in an apartment or building by an HPD inspector, and the owner fails to make the necessary repairs in a timely manner, HPD's Emergency Repair Program (ERP) may repair the condition. In the event that HPD does conduct emergency repairs, all costs, including administrative fees and sales tax, will be billed by the Department of Finance to the property owners. If these costs are not paid, they will become a tax lien on the property. For additional information on
Uncorrected HPD violations and open ERP charges may impair the sale or refinancing of a property because a title search will show outstanding violation against it.
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