This article is the third and final installment in a series on resolving property violations in New York City.
The New York City Department of Housing Preservation & Development (HPD) issues violations and Orders to Correct to owners of properties that do not comply with the following laws and codes that govern housing quality and safety:
- New York City’s Housing Maintenance Code
- New York State Multiple Dwelling Law
- Section 8 Housing Quality Standards, where applicable
Properties that accumulate unresolved violations may be targeted by HPD litigation or included in the Alternative Enforcement Program (AEP) or the Proactive Preservation Initiative (PPI). Any of these enforcement measures may result in liens or judgments against the property.
Clearing HPD Violations
The speed with which an owner corrects a violation determines the method for clearing. In each case, property registration must be current.
Certification. Upon receipt of a violation, owners and managers can certify correction of the violating conditions online or by mail. Different violation classes carry different certification periods.
- Class A – Correct within 90 days
- Class B – Correct within 30 days
- Class C – Most class C violations have a 24-hour certification period, with the exception of lead-based paint, window guards, heat and hot water
Building owners and managing agents can certify the correction of HPD violations online using eCertification.
Owners and agents may also complete the appropriate “Certificate of Correction of Violations” form and mail it to the appropriate Borough Service Center.
Dismissal Requests. After the certification period has passed, owners of non-AEP buildings can mail or deliver a completed “Dismissal Request” form to the Code Enforcement Office in the appropriate borough. Mailed forms must include a certified check or money order for the dismissal request fee: $250 for a private dwelling (1-2 family) or $300 for a multiple dwelling with up to 300 open violations. Credit cards are accepted when hand-delivering the forms.
Owners of AEP buildings need to contact the AEP office directly.
Reissuance of Violations. For violations that are more than 12 months old, owners may request Violation Reissuance, provided the property has no open violations in the past year. Owners or authorized representatives can complete the “Violation Reissuance Request” form and submit it to the address on the form. If approved, owners can certify the violation using the above procedure. Reissued violations are treated like new violations, with new certification periods.
We hope you find this information useful. For more information on clearing HPD violations, visit the HPD website. And don’t forget to keep track of all property upgrades. Building improvements can help your insurance partner negotiate better rates. Call us at 877-576-5200 for information on how to improve your risk profile or for a free insurance review.