How to Clear HPD Violations in New York?

As a leading remediation company in New York City, Exit Mold understands the importance of complying with regulations set by the New York City Housing Department (HPD). For building owners, HPD violations are a challenge and can result in penalties or, in worst cases, imprisonment. However, with the proper support and guidance, clearing HPD violations can be a straightforward process.

Read below to find out how to clear HPD violations in New York.

How to Clear HPD Violations in New York

Table of Contents

How Do I Clear My HPD Violations in New York?

Building owners of properties who do not comply with specific codes and laws that govern housing quality and safety are issued an HPD violation by the New York City Department of Housing Preservation and Development. These codes and laws include:

  • New York State Multiple Dwelling Law
  • Section 8 Housing Quality Standards
  • NYC Housing Maintenance Code

The speed at which a property owner corrects an HPD violation determines the type of method used for clearing. In every case, building owners must have a current property registration. 

Certification of Correction of Violations

Upon receiving an HPD violation, property managers and owners can certify the correction of the violations by mail or online. Different violation classes have different certification periods.

  • Class A – Correct within 90 days
  • Class B – Correct within 30 days
  • Class C – Many Class C violations have a 24-hour certification period, except for window guards, heat and hot water, and lead-based paint.

Property owners can certify their corrected HPD violation online using eCertification. HPD inspectors may also inspect properties to confirm the corrected violations. For violations not involving lead-based paint, if no reinspection occurs, the violation is considered complied 70 days after HPD receives a certification.

Request Dismissal HPD Violations

After a certification period, property building owners can deliver or mail a Dismissal Request form to the Code Enforcement Office in the appropriate borough. If mailing your forms, it must include a money order or certified check for the dismissal request fee:

  • $250 for a private dwelling (1-2 Family
  • $300 for a multiple dwelling with up to 300 open violations

Upon inspection, HPD will close corrected violations.

Reissuance of HPD Violations

Lastly, HPD offers a one-time issuance of violations only if the property has no open violations within the past year and its registration is current. Property owners can complete a Violation Reissuance Request Form and, if approved, certify the violation. Reissued violations are known as new violations, with new certification periods.  

To learn more about the types of HPD Violations, visit our website.

How Do I Clear an HPD Mold Violation in New York?

Mold Remediation

Building owners and landlords must keep tenants’ New York City homes free of mold. In addition to the deadline for correcting each type of violation, you may receive three classes of HPD mold violations. Failure to correct these violations may result in penalties or enforcement by HPD.

 

  • Class A Violation—Mold is present in less than 10 square feet of a room within a dwelling unit or less than 30 square feet on one level. You must correct Class A violations within 90 days. 
  • Class B Violation – Issued for the presence of mold between 10 to 29 square feet in a room with a dwelling unit or more than 30 square feet on one level. You must correct Class B violations within 30 days.
  • Class C Violation – Issued for the presence of mold that’s more than 30 square feet in a room within a dwelling unit. You must correct Class C violations within 21 days.

To remove an HPD mold violation, you should correct the condition and complete a certification proving correction by the deadline. It’s essential to note that you must hire two separate independent companies for mold remediation and assessment in buildings with more than ten units. These companies must have a license from New York State to perform mold remediations.

For proper certification, you must file an electronic or paper document with HPD to confirm that the violations are corrected. The document should include the date of correction and the name of the company that corrected the mold violation. 

How Do I Clear an HPD Lead Violation in New York?

XRF Lead Testing

You can contest if you’ve received an HPD violation for a lead paint hazard in a building built before 1960. If you think the paint in your building doesn’t contain lead, this is the best option, which saves the expenses associated with lead repair and abatement.

If you’re contesting a lead paint violation, you’ll need to prove building construction after 1960 or that the paint is not lead-based, according to the results of an XRF test by a licensed lead remediation company. 

You can submit a Contestation Form, providing the required documents to support your statements. You must also have the contestation form postmarked by six days before the deadline listed on your violation.

There are four steps to clear an HPD Violation in New York, which include:

  • Step 1: Lead Paint Remediation – You must first fix the lead paint violation by the correction date located on the violation. To satisfy the HPD and successfully clear the violation, you must have remediation by a certified lead abatement company. Ensure you ask the company for a sworn statement to provide to the HPD to prove the company completed the work,
  • Step 2: Dust Wipe Clearance Testing—Once you’ve abated the lead paint hazard, you must perform a dust wipe clearance test to ensure property cleanup has occurred. This step ensures that the rest of the unit doesn’t contain lead dust during abatement.
  • Step 3: Gather Paperwork—To certify you have corrected the HPD violation, you must submit a certificate of correction, a sworn statement from an abatement contractor, an EPA certification license of the lead abatement contractor, a sworn statement from the dust wipe clearance test, EPA certification license of the dust wipe contractor, and results of the dust wipe clearance testing.
  • Step 4: Schedule Reinspection—Once you’ve submitted the required paperwork, you must schedule a reinspection with an HPD inspector to verify that you have appropriately remediated the lead-based paint. If the inspector sees that the violation still exists, you will not have your violation cleared. Reinspections are free as long as you follow the deadlines listed on the violation. 

Lead Paint Remediation With Exit Mold

Exit Mold has a team of experienced EPA-certified lead experts in the New York City area. We offer a wide range of services to protect buildings from mold and lead, effectively performing remediation in these areas. We are well-trained and equipped to assist you based on your needs, and we can help you clear any type of mold and lead paint HPD violation.

To schedule mold remediation or XRF lead testing, contact us today.

In addition to mold remediation and XRF testing, we also provide other services, including fire damage repair and restoration and water damage repair and restoration.

Clear HPD Violations: FAQ

Upon receiving an HPD violation, property managers and owners can certify the correction of the violations by mail or online. HPD also offers a one-time issuance of violations only if the property has no open violations within the past year and its registration is current.

To remove an HPD mold violation, you should correct the condition and complete a certification proving correction by the deadline. It’s essential to note that you must hire two separate independent companies for mold remediation and assessment in buildings with more than ten units.

If you’re contesting a lead paint violation, you’ll need to prove building construction after 1960 or that the paint is not lead-based, according to the results of an XRF test by a licensed lead remediation company.

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