What is an HPD Violation in New York?

If you’re a building owner in New York City, it’s often challenging to avoid HPD violations. With so many deadlines and regulations to keep up with, an issue may slip through the cracks. If you’re issued an HPD violation and it’s not corrected, this can result in emergency repairs and/ or fines.

Below, we’ve developed a guide to help you better understand what an HPD violation is and the types of violations you could receive as a building owner.

What is an HPD Violation in New York

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What are HPD Violations in NYC?

There are various types of violations in New York City. Three of the most common types are ECB, DOB, and HPD violations. An HPD violation is known as a Department of Housing Preservation and Development violation and is issued when building owners do not comply with building codes.

These violations have yet to be heard of through the ECB (Environmental Control Board) and have specific resolution requirements. You’ll receive a Notice of Violation (NOV) with few exceptions in these cases.

Property owners will receive HPD violations with specific class designations, which give them a certain timeframe to correct them and a penalty if they do not.

5 Types of HPD Violations

1. Lack of Proper Heat and Water

Lack of Proper Heat and Water - Exit Mold

Building owners are required to provide proper heat and water to tenants. Hot water must be available 365 days a year and at least 120 degrees. During heat season, which runs from October 1st through May 31st every year, the owner must also provide heat.

If the outdoor temperature falls below 55 degrees during the daytime hours of 6 a.m. through 10 p.m., building owners must set the indoor temperature at 68 degrees. During nighttime, from 10 pm through 6 a.m., the indoor temperature must remain at least 62 degrees.

If building owners fail to comply with providing proper heat and water to their tenants, this can result in a Notice of Violation on top of additional penalties. For each water or heat violation, penalties can run between $250-$500 daily.

2. Lead Paint Hazards

Lead Paint Hazards

Building units built before 1960 must be lead-free to avoid lead-based violations. If lead is present in one of your units, you’ll need copies of the test results after an inspection.

Per LL31, each unit must undergo XRF testing by August 9, 2025. Additionally, per LL123, If a child under six resides in a unit with presumed lead-based paint in a multiple dwelling built prior to 1960 or a dwelling unit in a private dwelling erected prior to January 1, 1960 where each dwelling unit is to be occupied by persons other than the owner or the owner’s family, each unit must undergo lead abatement steps, including friction surface removal on windows and doors, by July 2027.

Failure to remediate lead paint hazards can easily result in a Class C violation, which requires producing lead-related documents. Additionally, per LL123, any violations can cause a property inspection and audit.

3. Lack of Pest Control

Lack of Pest Control - Exit Mold

As a building owner, you must keep your units free of pests, especially bedbug infestations. You must know how to treat a bedbug infestation, frequently check for pests, and eliminate any factors that could contribute to an infestation. Building owners of multiple-dwelling builders must provide an annual bedbug report with the HPD.

If you don’t correct the violation and fail to pay the penalties, HPD can enter judgment against you and the property. 

4. Self-Closing Doors

Self-Closing Doors

As a property owner, to prevent the spread of fires, LL62 mandated that any door that provides access to stairs or an interior corridor in R-1 and R-2 occupancy groups must be self-closing doors. Additionally, LL63 amended the law requiring owners to maintain and keep their doors in excellent condition.

Failure to maintain a self-closing door may result in a Class C—immediately hazardous violation. If you do not correct the violation, NYC can assign an HPD emergency crew to complete the repairs and send you the bill.

5. Failure to Provide Smoke and Carbon Monoxide Detectors

Failure to Provide Smoke and Carbon Monoxide Detectors - Exit Mold

NYC law requires maintaining and installing carbon monoxide and smoke detectors in multiple-dwelling units. Each smoke detector must have a non-removable, sealed battery with a minimum of 10 years to the home. Each carbon monoxide detector must have end-of-life alarms that tenants can hear from all rooms in the unit.

As a building owner, you must ensure that all detectors remain in working condition and replace them as needed. Failure to install these detectors can result in a daily fine of $1,000 or possible imprisonment. 

What is the Difference Between HPD and DOB?

Housing Preservation and Development (HPD)

An HPD violation is issued when building codes are not in compliance. HPD inspectors conduct over 500,000 inspections annually, and resolving infringements is lengthy.

If you have an open HPD violation and need more information, visit NYC’s HPD Violation Clearance Page

Department of Buildings Violation (DOB)

If you do not comply with a building code, you will receive a DOB violation as a property owner. Afterward, they will add you to the Department’s Building Information System for public review. It’s essential to resolve these violations, as you can not obtain a new or amended Certificate of Occupancy if you do not correct a DOB violation.

If a property in NYC constructed after 1938 does not have a Certificate of Occupancy, your property would be subject to fines or closure.

Avoid HPD Violations With Exit Mold!

Let’s face it: HPD violations are stressful for property owners, but identifying vital problem areas can help prevent them altogether.

At Exit Mold, our team of experts offers a wide range of services that help protect properties from fire, lead, mold, and water damage. Serving New York City and the 5 Boroughs area, our team uses state-of-the-art equipment that can handle various damages and restoration needs.

If you want to avoid an HPD violation or need to correct a violation fast, contact us today to determine what service can help you in your circumstance! 

HPD Violations in New York: FAQ

An HPD violation is known as a Department of Housing Preservation and Development violation and is issued when building owners do not comply with building codes.

HPD violations include a lack of proper heat and water, lead paint hazards, pest control, self-closing doors, and failure to provide smoke and carbon monoxide detectors.

An HPD violation is issued when building codes are not in compliance. HPD inspectors conduct over 500,000 inspections annually, and the resolution of infringements is lengthy. If you do not comply with a building code, you are given a DOB violation and then added to the Department’s Building Information System for public review.

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