Clear Violations - HPD

Housing Preservation & Development


Enforcement

Clear Violations


Clear Violations

The New York City Department of Housing Preservation and Development (HPD) is responsible for enforcing State and City laws and codes relating to housing quality and safety. For units subsidized with HPD issued Section 8 vouchers, HPD also inspects for compliance with federal Housing Quality Standards (HQS). The agency issues Notices of Violation related to noncompliance with the New York City Housing Maintenance Code and New York State Multiple Dwelling Law, Orders to Correct, and Section 8 Housing Quality Standards failure notices.

To check if there are open violations pending against the property, go to HPDONLINE and enter the property address. HPDONLINE provides information about violations and orders. Violations specify hazard class of A (non-hazardous), B (hazardous) or C (immediately hazardous). Orders to Repair and Orders to Repair/Vacate Orders issued by HPD appear on the violation list with a hazardous class of “I”. Owners and other interested parties can obtain printouts of outstanding building violations for a fee by contacting our Borough Service Centers.

Failure to correct and properly certify the correction of violations subjects property owners to civil penalties, inspection fees and enhanced enforcement, including the correction of immediately hazardous conditions through the Emergency Repair Program (properties are billed for ERP activity).

If you need assistance on how to correct a violation that was issued, the Housing Quality/Safety webpage provides details on specific violation types and how to address them. Owners can also get further explanations from HPD personnel in our Borough Service Centers.

Options for property owners to have HPD violations removed from the property record are determined by when a violation was issued.

Newly issued violations: Certification of Correction

Newly issued violations are generated as Notices of Violation (NOV). If you are not receiving the Notices of Violations even though you own or manage a residential building, you must submit a new Property Registration in order to change the address to which NOVs are being mailed. Notices of Violation (NOVs) are mailed to the last validly registered owner’s managing agent or, if there is no managing agent, to the owner directly. The NOV will include within the package:

The date by which the violation must be corrected and the date by which an owner must certify to the agency that the condition was corrected

Civil penalties associated with the violation which may be imposed if the violation is not timely certified

Any special instructions on how the condition must be corrected

Instructions on how to let HPD know that you corrected the conditions cited (this is the certification)

The document to be returned to certify the correction

Information about eCertification

Certification of Correction is a free process that requires a property owner to submit, within the timeframe established by law, certification that the specific condition cited by a violation issued by the Department has been corrected. The date for correction and certification appears on each Notice of Violation. Note that failure to correct and properly certify the correction of conditions subjects owners to civil penalties, inspection fees, and enhanced enforcement, including the correction of immediately hazardous conditions through the Emergency Repair Program (properties are billed for ERP activity) date for correction and certification appears on each Notice of Violation, note that

failure to correct and properly certify the correction of conditions subjects owners to

civil penalties

,

inspection fees

and enhanced enforcement, including the correction of immediately hazardous conditions through the Emergency Repair Program (properties are billed for ERP activity)

. Certification also ensures that your building records reflect actual conditions at a building.

Property owners and agents who certify the correction of conditions must do so only after conditions are corrected properly. HPD may audit any certification of correction submitted to the agency. Tenants are also notified of HPD’s receipt of a certification and may challenge the certification, triggering an audit inspection. An audit consists of a reinspection of the condition by a Housing Inspector. Violations found to not be corrected after an owner has certified the correction are placed into a False Certification status. These violations remain open. A false certification subjects a property owner to civil penalties and may result in placement onto the Certification Watchlist.

Owners can certify correction either through a paper submission or electronically through eCertification (for lead-based paint, mold, and pest violations, certification of correction cannot be submitted through eCertified). Review the back of your Notice of Violation for more detailed information on certification or the process for seeking a postponement of the date for the correction of some violations. Review the back of your Notice of Violation for more information on certification or the process for seeking a postponement of the date for the correction of some violations.

Forms for Paper Certification

If you wish to certify the correction of a violation through a paper submission, you can use the Notice of Violation Certification of Correction that you receive through the mail. If you have misplaced certification documentation or received a Preliminary Notice and want to certify violations, you must use the appropriate form provided below to certify correction.

Certification of Correction of Violations/Failures (non-lead, non-heat, non-pest violations): Use this form when all violations on a Notice of Violation cannot be certified at one time or you do not have the original Notice of Violation. Include the original NOV ID, the violation number and all other information required about who completed the repair. Sign the form, and have your signature notarized. The form must be returned to the Borough Service Center in which the building is located.

Notice of Correction of Violation—Heat: Use this form for Heat and Hot Water violations

Certification of Correction of Violations—Lead-Based Paint:

For specific details about how to correct lead-based paint hazard violations, the certification requirements for lead-based paint hazard violations or requesting extra time to correct lead-based paint violations (Order #616) or Order #617 or Inconclusive Violations (Order #624), see the Lead-Based Paint webpage under Owner Responsibility -> Lead-Based Paint Hazard Violations.

For 618/619/620 and 621/622/623/625 Certification Instructions visit the Lead-Based Paint webpage under-Owner Responsibility -> Audits of Required Compliance Documents & Audit Recordkeeping Violations Audits.

Submit all lead-based paint Certification of Correction forms and all attached documents to: HPD Lead-Based Paint Inspection Program 345 Adams Street 10th Floor Brooklyn NY 11201. For additional assistance, call the Lead Hotline at 212-863-5501.

Certification of Correction of Violations – Mold Violations (Class B or Class C): Use this form for Class B or Class C Mold Violations.

Certification of Correction of Violations – Mold Violations for Buildings with under 10 units (all class violations) or 10 Units or More (Class A Violation): Use this form for buildings with under 10 units (all class violations) or 10 units or more (Class A violations).

Certification of Correction of Failure: Use this form for Housing Quality Standards failures where there is no related Housing Code violation.

Annual Reports on Audits of Certifications of Corrections

Certifications of Corrections CY23

Certifications of Corrections FY22

Certifications of Corrections FY21

Certifications of Corrections FY20

Certifications of Corrections FY19

Violations not timely Certified as Corrected

When violations are not timely certified after being issued, or the violation was found to be falsely certified, a reinspection of the violation may be required prior to dismissal. This reinspection, called a Dismissal Request reinspection, requires the submission of an application by a property owner and has an associated fee. The Dismissal Request can cover all or a portion of violations existing at the property. Property owners should read the application carefully and, in its entirety, so that they understand what is expected and what happens as part of the Dismissal Request inspection. New violations may be issued during this inspection.

The clearance of lead-based paint violations has additional requirements. We recommend you visit Lead-Based Paint and

HPDONLINE (enter your property address and select the option on the left-hand toolbar to review Overdue Lead-based paint violations for specific instructions).

Class B and Class C mold violations issued on/after March 1, 2018, also require an additional affidavit and may require additional documentation. See the Indoor Allergen Hazards webpage for more information. Webpage for more information.

There are two conditions under which a Dismissal Request is not required.

Documentation submission: This is a free process that applies to violations which have already been reinspected by HPD where the physical condition has been observed corrected, but which require documentation as well as an inspection to close the violation. This process generally may apply to lead-based paint, mold and pest violations which have a Violation Status of “Defect” as reflected on HPDONLINE or in department records. To have such violations removed, the owner should review the specific documentation requirements as listed on HPD’s Lead-Based Paint page or Allergen Hazards

Violation Reissuance is a certification program for old violations at certain buildings. Review the application carefully to see if your building qualifies and submit the application as directed if it does. Basically, participation in this program allows a property owner to certify the correction of reissued violations by the new dates established for certification. Certain violations – as outlined on the application – are not eligible for reissuance.

Certification of Correction of Violations—Reissuance: Use this form for Reissued violations if you do not have the Reissuance Notice of Violation original document.

You can review more details about your options and how to proceed with clearing old violations, review our Clearing HPD Violations FAQ or call a Borough Service Center for more information.

Schedule an Appointment Online

You can schedule an appointment online to speak with a representative from HPD’s Code Enforcement office either virtually or by telephone. While we pilot this new service, we are offering a limited number of time slots. We may adjust the number of time slots offered based on demand.

Services Available by Appointment

Complaints

Violations (certifications)

Dismissal Request

Mold/Pest (documentation to remove violations)

Lead Violations (Defect Status, Exemptions, and Contestations)

Schedule an Appointment