Orders - HPD

Housing Preservation & Development


Enforcement

Orders


Orders

New York City Department of Housing Preservation and Development (HPD) issues several types of Orders, enforceable in Housing Court, to compel owners to perform certain actions with respect to their property. Orders are mailed to registered owners and filed with the County Clerk’s Office.

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Order to Repair/Vacate Order

Occupants

Your apartment or building may be issued an Order to Repair/Vacate Order by a city agency because of a condition that is or may be imminently perilous, dangerous, or detrimental to life, public safety, or property. The Order to Repair/Vacate Order should be prominently posted at your building and should include both the reason for the Order to Repair/Vacate Order and the name of the city agency (or agencies) that issued it. If your apartment is affected by an Order to Repair/Vacate Order(s), you cannot live there unless the agency (or agencies) lifts or rescinds the Order to Repair/Vacate Order(s).

Occupants who are required to leave a residential unit – whether that unit is legal or illegal -- because of an Order to Repair/Vacate Order may be eligible for relocation services, including, temporary emergency housing through HPD. For information on whether you qualify for tenant relocation as a result of an Order to Repair/Vacate Order, contact HPD’s Emergency Housing Services at 212-863-7660 or ehs-remote@hpd.nyc.gov.

HPD's Vacate Order FAQs

HPD's Vacate Order FAQs in additional languages:

Arabic / العربية
Bengali / বাংলা
Chinese (Simplified) / 简化字
French / français
Haitian-Creole / Kreyòl ayisyen
Korean / 한국어
Polish / polski
Russian / Русский язык
Spanish / Español
Urdu / اردو

More information about an Order to Repair/Vacate Order issued by the New York City Department of Buildings (“DOB”) is available on the following DOB website: https://www.nyc.gov/site/buildings/tenant/vacate-order.page

Owners

Addressing an HPD Order to Repair/Vacate Order

In order to minimize any related expenses and be in compliance with the law to avoid further enforcement, upon correction of the conditions underlying an HPD-issued Order to Repair/Vacate Order, an owner is required to apply to HPD for a Dismissal Request inspection. There is a fee for this inspection, additional details including the fee schedule are viewable through the Dismissal Request link above. Owners should contact the agency concerning how to address vacate orders they have been issued.

Per Admin. Code § 27–2142(d), HPD may require an owner to demonstrate a reasonable effort to notify any tenants vacated as a condition to rescind the Order to Repair/Vacate Order.

Penalties related to an HPD Order to Repair/Vacate Order

Effective August 14, 2017, when HPD issues an Order to Repair/Vacate Order, owners must:

ensure that a copy of the Order to Repair/Vacate Order remains posted on the entrance door of the building/unit until it is dismissed by HPD. If the posted Order to Repair/Vacate Order is removed prior to dismissal, a violation will be issued, and the owner will be subject to civil penalties. A copy of the Order to Repair/Vacate Order will be available through HPDONLINE, or an additional copy can be obtained by contacting HPD’s Borough Service Center.

ensure that any building/unit vacated by the Order to Repair/Vacate Order is not re-occupied unless the Order to Repair/Vacate Order has been dismissed by HPD. If the vacated building or unit is re-occupied, a violation will be issued, and the owner will be subject to civil penalties of no less than $5,000 for each re-occupied unit.

Charges for relocation services

When a City of New York agency issues an Order to Repair/Vacate Order for a building, in accordance with New York City Administrative Code (“Admin. Code”) § 26-301(1)(a)(v) and Chapter 18 of Title 28 of the Rules of the City of New York, HPD provides relocation services to eligible tenants in the building who choose to avail themselves of those services. HPD is authorized to seek reimbursement for relocation expenses incurred by HPD from the owner of the vacated building pursuant to Admin. Code § 26-305. Relocation charges accrue on an ongoing basis so long as HPD is paying for relocation services and relocation expenses. The charges accrue until HPD is no longer providing any services to vacated households. Questions about the relocation services provided by HPD after an Order to Repair/Vacate Order has been issued and their associated charges may be directed to HPD via e-mail to RelocationExpenses@hpd.nyc.gov. Please include the affected property address, the nature of your relationship to the property, and your detailed inquiry.

Order to Repair/Vacate Orders issued on or after September 14, 2021

In accordance with Admin. Code § 26-305(4)(d), relocation expenses incurred by HPD for Order to Repair/Vacate Orders issued on or after September 14, 2021 are billed by the Department of Finance (“DOF”). Information about relocation charges for Order to Repair/Vacate Orders issued on or after September 14, 2021 can be found on HPDONLINE for the property address at issue by clicking on the “Charges” menu option and then clicking on the “Relocation Charges” tab. Relocation charges billed by DOF that are past due and unpaid for constitute tax liens against the property that accrue interest and may be sold or foreclosed upon in accordance with Admin. Code § 26-305(4)(d). An owner may seek to challenge relocation charges billed by DOF arising from Order to Repair/Vacate Orders issued on or after September 14, 2021, in accordance with Admin. Code § 26-305(4)(d)(4). HPD can confirm whether there are any occupants currently receiving relocation services that could result in future relocation charges. For information contact HPD via email at relocationexpenses@hpd.nyc.gov.

Order to Repair/Vacate Orders issued prior to September 14, 2021

Relocation expenses incurred by HPD for Order to Repair/Vacate Orders issued prior to September 14, 2021 are governed by Admin. Code § 26-305 and are owed directly to HPD; they will not appear on HPDONLINE. Owners can obtain information about relocation charges for these Order to Repair/Vacate Orders by contacting HPD directly via e-mail at RelocationExpenses@hpd.nyc.gov. HPD can confirm any pending charges against the property for relocation services and/or occupants currently receiving relocation services that could result in future relocation charges.

Objecting to HPD Charges

Alternative Enforcement Program Order to Correct

Correct any system conditions cited on the Order;

Apply to AEP for an AEP Dismissal Request. The fee for this inspection is $1000;

Submit a current and valid property registration to HPD;

Pay all fees and charges or enter into a payment agreement with the Department of Finance to pay all such charges(including liens for repair work, inspections or other action taken by HPD);

Correct 100% of violations directly related to providing heat and hot water;

Correct 100% of class “C” (immediately hazardous) violations related to mold;

Correct a minimum of 80% of class “B” (hazardous) violations related to mold;

Correct a minimum of 80% of all violations related to vermin; and

Correct a minimum of 80% of all other class "B" and "C" violations.

If an owner fails to comply with the Order in a timely manner, HPD may bring the owner to Housing Court and perform or contract for emergency repair work which will be billed to the owner. HPD is subject to laws that may make such work significantly more expensive than if the owner contracted directly for the work. Failure to pay the bill may result in a tax lien being placed against the property. The lien may be sold or foreclosed to collect the amount owed if not paid on time.

Underlying Conditions Order to Correct

HPD may issue Orders to Correct for buildings where there may be systemic conditions causing violations to be issued for similar conditions throughout the building. The Order requires a property owner to investigate the cause of a leak or mold condition affecting multiple apartments in a building and to address any identified Underlying Conditions and the related violations (see Housing Quality Enforcement Programs for more information about the Underlying Conditions Program).

Owners have four months to comply with an Underlying Conditions Order but may request a two-month extension. To request a two-month extension an owner must submit:

An affidavit from a New York State licensed professional engineer or registered architect in a form approved by HPD with an inspection report identifying the Underlying Condition; and

An affidavit from the owner in a form approved by HPD describing the work and stating that the Underlying Condition and related violations will be corrected within the extended time period.

If there are no Underlying Conditions the owner must:

Submit an affidavit from a New York State licensed PE or RA in a form approved by HPD stating that there are no Underlying Conditions that are causing the mold and water leak violations;

Submit a Dismissal Request; and

Correct 80% of all mold and water violations identified on the Order.

If an Underlying Condition, such as a roof, plumbing, or facade issue is identified, the owner must take appropriate action to address the condition(s). Once the Underlying Condition(s) and related violations have been repaired, the owner may file a Request for Rescission with the following:

An affidavit from a New York State licensed PE or RA in a form approved by HPD identifying the Underlying Condition that was the source of the mold or water leak violations, stating that the Underlying Condition and related violations were properly repaired, and identifying who repaired the Underlying Condition and related violations

A dismissal request form; and

Documentation that 80% of all mold and water violations identified on the Order has been corrected.

Affidavit forms are available by calling 212-863-8865.

If an owner fails to comply with the Order in a timely manner, HPD may bring the owner to Housing Court and perform or contract for emergency repair work which will be billed to the owner. The civil penalty is $1000 for each dwelling unit with a penalty of no less than $5000. HPD is subject to laws that may make such work significantly more expensive than if the owner contracted directly for the work. Failure to pay the bill may result in a tax lien being placed against the property. The lien may be sold or foreclosed to collect the amount owed if not paid on time.

Commissioner's Order

A Commissioner’s Order is issued when a building is vacated in whole or in part due to fire damage in areas that cannot be specifically accessed. The Commissioner’s Order is general in nature and advises an owner that a tenant has been vacated until repairs are completed. Tenants who are required to leave because of an Order to Correct may be eligible for temporary emergency housing through HPD; costs resulting from this emergency housing may be charged to and become a lien against the property. For information on tenant relocation, contact HPD’s Emergency Housing Services at 212-863-6180.

When all conditions listed on the Order to Correct/Vacate Order have been corrected, an owner is required to apply to HPD for a Dismissal Request inspection. There is a fee for this inspection. The owner must also notify any tenants who may have vacated the building, including those temporarily rehoused by HPD, of their right to re-occupy their apartment once the Order is rescinded.

Vacant Buildings

HPD may issue an Information Order violation if a building is observed vacant. These Orders are not filed with the County Clerk. When the building is legally reoccupied, an owner must file a Dismissal Request inspection with HPD. There is a fee for this inspection. As part of the Dismissal Request inspection, an owner must indicate that reinspection is required because the building was observed vacant by HPD.

If an owner with a building selected for the Alternative Enforcement Program (AEP) fails to meet the discharge criteria within the first four months of the program, (see Housing Quality Enforcement Programs for more information about AEP), HPD will issue an AEP Order to Correct. Once an Order is issued, the owner should contact the AEP office at 212-863-8262 for information on how to comply with the Order and have it rescinded. Generally speaking, the owner will need to:

HPD issues an Order to Repair/Vacate Order when a property is uninhabitable (either in part or as a whole) due to physical conditions, including lack of essential services, lack of appropriate egress, fire damage or other serious maintenance conditions. Orders are posted at the building in addition to being mailed and filed with the County Clerk’s Office. The conditions to be corrected are listed on the Order. If you require a copy of the Order to Repair/Vacate Order, you can contact the Borough Service Center for the borough of the building.