Clear Violations HPD NYC Questions and answers

Use HPDONLINE to find out information about violations and Orders. Violations have a hazardous class of A, B or C. Orders appear on the violation list with a hazardous class of “I”. Owners and other interested parties can also obtain print-outs of outstanding building violations for a fee by contacting our Borough Service Centers.

I just received a violation. What should I do?

You should correct the condition and then certify, either by mail or by using eCertification, that the violations were corrected within the required time period specified on the Notice of Violation. You can also seek a postponement for the correction of some violations. Review the back of your Notice of Violation, Certification instructions, our Clearing HPD Violations FAQ or call a Borough Service Center for more information.

What could happen if I do not correct a violation or if I do not notify HPD of the correction?

• All violations have civil penalties associated with failing to correct. HPD could seek enforcement of those civil penalties in Housing Court through the Housing Litigation Division.
• HPD may seek to correct the correction condition through the Emergency Repair Program and will bill the property owner for the cost of the emergency repair plus related fees.
• Open violations may trigger enhanced enforcement by HPD, through programs created to identify buildings in distress. These programs focus inspection and other HPD resources on your property and may lead to the issuance of Orders.
• The inspection may be counted as an inspection leading to or resulting in a fee of $200. HPD began implementing Local Law 65 on August 20, 2015 as follows: If the department has performed two or more complaint-based inspections in the same dwelling unit within a twelve-month period, (B) each such inspection has resulted in the issuance of a hazardous or immediately hazardous violation, and (C) not all such violations have been certified as corrected pursuant to this section, the department may impose an inspection fee of two hundred dollars for the third and for each subsequent complaint-based inspection that it performs in such dwelling unit within the same twelve-month period that results in the issuance of a hazardous or immediately hazardous violation, provided that the department may by rule increase the fee for inspections performed during the period of October first through May thirty-first. All fees are billed through the Department of Finance and may become tax liens if not paid within the required period

I cannot find the original certification document, I received a Preliminary Notice and wish to certify or I wish to certify some violations now and others at a later time. How can I certify correction?

In response to any of these situations, use the appropriate form provided below to certify correction or you can use eCertification (for non-lead and non-mold violations).

• Certification of Correction of Violations/Failures (non-lead, non-heat 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 : Use the appropriate Certification of Correction forms below that correspond to your Lead-Based Paint Violations
• Complete the applicable Certification of Correction Form(s):
  • 616/617/624 Violation Certification and Instructions Form
  • 616/617/624 HQS Notice of Failure / Violation Certification and Instructions Form
  • 618/619/620 Violation Certification Instructions Form
  • 621/622/623/625 Violation Certification and Instructions Form
  • 626 Violation Certification and Instructions Form
  • Sworn Statement made by the EPA firm's authorized agent or individual who performed the work to correct the violation(s) stating that the work was performed in accordance with the applicable laws
  • Copy of the EPA certification for the firm that performed the work to correct the violation(s)
  • Copy of the lead-contaminated dust clearance tests from a New York State Environmental Laboratory Approval Program certified laboratory
  • Certificate of Training from the individual who took the surface dust sample
  • Affidavit from the individual who took the surface dust sample, verifying the date the sample was taken and indicating the address of the apartment where the sample was taken

  You may also request extra time to correct Lead-Based Paint Violations, or, in the case of a presumed lead-based paint violation (Order #616), you may contest the violation using XRF testing or, in certain cases, paint chip sampling.

  • 1st Request for Postponement to Correct Lead-Based Paint Violation
  • 2nd Request for Postponement to Correct Lead-Based Paint Violation
  • Contestation of Lead-Based Paint Violation (Form L-06) (for Order #616 only)

  I don't understand how to correct the violation that was issued. What can I do?

  The Maintenance Requirements page provides details on specific violation types and how to address them. Owners can also get further explanation from Code Inspectors in our Borough Service Centers.

  I am not receiving the Notices of Violations even though I own the building. Why not?

  Notices of Violation (NOVs) are mailed to the last validly registered owner’s managing agent. IfYou must submit a new Property Registration in order to change the address to which NOVs are being mailed.

  I have violations on my building that are no longer eligible for certification. How can I clear them?

  After the certification deadline has passed, building owners may file a Dismissal Request form with their Borough Service Center for a fee or seek a Violation Reissuance, which is a free certification program. 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.

  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). One or both of the following affidavits will be required for removing the lead-based paint violations:

  • Affidavit of Compliance AF-5: Lead-based paint violations – correction after August 1, 2004
  • Affidavit of Compliance AF-3/4: Lead-based paint violations – correction before August 1, 2004

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

  1. Complaints
  2. Violations (certifications)
  3. Dismissal Request
  4. Mold/Pest (documentation to remove violations)
  5. Lead Violations (Defect Status, Exemptions, and Contestations)

  NYC HPD offices are open to the public on Mondays, Tuesdays, Thursdays and Fridays from 9:00 am-3:00 pm.

  Please call 311 to make a complaint or visit our website for the status of a complaint.

  If you are a tenant or owner calling to schedule an appointment for an inspection, please contact the borough office:

  • Manhattan – 212-863-5030
  • Bronx – 212-863-7050
  • Brooklyn – 212-863-6620
  • Queens – 212-863-5990
  • Staten Island – 212-863-8100

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