How Long Does a Landlord Have to Fix a Violation in NYC?

January 10, 2026
How Long Does a Landlord Have to Fix a Violation in NYC?

Picture this: your NYC apartment's heat cuts out mid-winter, or mold creeps up the walls-how long before your landlord must fix it?

Tip: Want to sanity-check a specific address? Search it on Building Health X to see recent heat/hot water, pests, noise, safety and violations across 30/90 days, 1 year and 3 years.

In the Big Apple, strict rules under the Housing Maintenance Code dictate timelines based on violation classes, from non-hazardous Class A (90 days) to hazardous Class B (30 days) and immediate Class C emergencies.

Discover repair deadlines, HPD Action Plans, and your remedies if they drag their feet-enable yourself now!

Overview of NYC Housing Violations

Overview of NYC Housing Violations

NYC issues over 250,000 housing violations annually through HPD and DOB, covering everything from peeling paint to gas leaks that threaten tenant safety. The Department of Housing Preservation and Development (HPD) manages most cases, while the Department of Buildings handles structural issues. Tenants can check violations using HPD online tools or call 311 for help.

HPD violation lookup lets landlords and tenants search by property address, borough, block lot, or BIN. Common problems include no heat in winter or pest infestations that make units unlivable. The 311 hotline receives many housing calls each year from renters facing these issues.

Landlords get a notice of violation (NOV) with a correction period based on the class. Class A needs fixes in 14 days, Class B in 30 days, and Class C immediately. Failure to comply leads to fines, ECB hearings at OATH, or HP action in housing court.

Tenant rights under the warranty of habitability allow rent withholding for open violations. Landlords must certify correction with a C of C after re-inspection. Repeat violations trigger higher penalties and owner liability.

Common Types of Violations

Class A violations like peeling lead paint require fixes within 14 days under NYC Administrative Code 27-2005. These affect multiple dwellings, rent-stabilized units, and SROs. Tenants in older buildings often report such issues first to 311.

Class B violations have a 30-day deadline and include mold growth or broken elevators. Class C demands immediacy for hazards like blocked fire exits. Landlords face civil penalties, liens, or vacate orders if ignored.

ViolationClassExamplesFrequency
No heatBCold radiators below 68 degreesF45k cases
RoachesAVisible infestation in kitchen25k
MoldBBlack mold on walls from leaks20k
Gas leakCStrong odor, hissing sound5k
Broken elevatorBStuck doors in high-rise8k
Lead paintAChipping on windowsills30k
Fire exit blockedCTrash on stairwell3k
Electrical wiringBExposed wires sparking12k

Landlords should hire licensed plumbers or electricians for repairs and file DOB permits if needed. Tenants can request re-inspection after fixes. HPD's full violation code list details all classified violations.

Legal Framework: Housing Maintenance Code

NYC Housing Maintenance Code (Administrative Code Title 27, Chapter 2) imposes strict landlord duties under 27-2005, with HPD enforcing via 267,000 NOVs in 2023 alone. This code sets clear standards for multiple dwellings and SROs. Tenants gain strong protections through these rules.

Section 27-2005 outlines general maintenance, like keeping heat at 68 degreesF daytime and 62 degreesF nighttime from October to May. Landlords must fix issues such as plumbing leaks, broken windows, and pest infestations promptly. Failure leads to violations classified by hazard level.

Under 27-2017, immediately hazardous conditions demand quick action. Examples include gas leaks, no hot water, or severe mold. HPD issues NOVs with specific correction periods, from 24 hours for emergencies to 30 days for lesser issues.

The Warranty of Habitability in Real Property Law 235-b lets tenants withhold rent for uncorrected violations. Fines range from Class A ($100-300) for minor issues, Class B ($250-750) for moderate, to Class C ($500+ daily) for severe ones. Check the 2023 HPD Annual Report for enforcement details and NYC.gov for the full code.

27-2005: General Maintenance Standards

Section 27-2005 requires landlords to maintain clean, safe buildings free of hazards. This covers heat at 68 degreesF daytime and 62 degreesF overnight in winter, plus hot water at 120 degreesF. Violations like no heat trigger NOVs with a 14-day correction period.

Landlords must repair electrical hazards, structural defects, and ensure fire safety. For instance, a broken window in a rent-stabilized unit needs fixing within the set timeline. HPD inspections confirm compliance via re-inspection.

Tenants can report via 311 or HPD online using property address, borough, block, lot, or BIN. Owners file a Certificate of Correction (C of C) after fixes. Repeat violations lead to higher fines at ECB or OATH hearings.

27-2017: Immediately Hazardous Violations

Section 27-2017 defines immediately hazardous conditions needing urgent repair. These include lead paint hazards, severe pest infestations like rodents or roaches, and elevator failures. HPD orders fixes within 24 hours or issues vacate orders.

For a gas leak or no heat in freezing weather, landlords face emergency violations. Tenants should call 311 for HP action or emergency repair programs. Non-compliance risks Class C fines over $500 daily and owner liability.

Class A, B, C violations guide penalties: Class A for non-hazardous like minor leaks (up to 30 days to fix), Class B for hazardous like mold (14 days), Class C for immediate dangers. Landlords request extensions showing good faith efforts.

Warranty of Habitability and Rent Withholding

Real Property Law 235-b creates an implied warranty of habitability, obligating landlords to provide livable conditions. Tenants in NYC can withhold rent proportionally for open violations affecting health or safety. Courts assess via housing court filings.

For ongoing issues like chronic plumbing leaks, document with photos and NOV lookups. Use rent withholding only after notice to landlord and legal advice from tenant hotlines. This protects against retaliatory eviction.

HPD or DOB enforces alongside tenant actions. Landlords risk abatement, liens, or foreclosure for willful violations. Seek mediation or housing court for disputes on repair timelines.

Violation Classification System

Violation Classification System

HPD classifies violations into A (non-hazardous), B (hazardous), and C (immediately hazardous) based on risk to life/health per HMC 27-2017. This system helps prioritize landlord responsibilities in NYC. The Department of Housing Preservation and Development uses a risk matrix to assign classes during inspections.

Class A violations cover cosmetic or minor health issues like peeling paint. Class B violations involve health or structural problems such as leaks or no hot water. Class C violations pose immediate dangers like gas leaks or no heat in winter.

In 2023, HPD recorded 175k Class A, 75k Class B, and 12k Class C violations, per their stats. Tenants can check status via HPD online lookup using property address, borough, block lot, or BIN. The HPD Inspection Manual details classification criteria for consistent enforcement.

Landlords receive a notice of violation (NOV) with the class, repair timeline, and fine range. Failure to comply leads to ECB penalties or housing court action. Tenants have rights under the warranty of habitability to report issues via 311.

Class A, B, and C Violations

Class A violations carry $100-300 fines with 90-day fixes, while Class C violations start at $500/day with immediate action required. This table compares key aspects across classes for NYC landlords and tenants.

ClassRisk LevelFix TimeFine RangeExamples
Class ANon-hazardous90 days$100-300Peeling paint, broken window, minor pest infestation
Class BHazardous30 days$250-750Mold infestation, plumbing leak, no hot water
Class CImmediately hazardousImmediate/24 hours$500+/dayGas leak, no heat in winter, defective wiring

Landlords must file a certification of correction (C of C) after repairs, followed by re-inspection. ECB handles penalties; OATH reviews disputes with decisions favoring proof of repair. Tenants can verify open violations to protect against rent overcharge or eviction.

For extensions, landlords show good faith effort like hiring a licensed plumber. Repeat violations trigger higher fines or willful violation charges. Use HPD's violation lookup for status on class A, B, or C issues.

Immediately Hazardous (Class C)

Class C violations like gas leaks or collapsing ceilings (12,456 cases in 2023) trigger HPD emergency repairs if landlords fail to act within hours. These immediately hazardous issues demand swift landlord response under NYC housing maintenance code.

  • Gas leak (27-2017(c)(1)): Shut off and repair immediately to prevent explosion.
  • No heat below 62 degreesF in winter (27-2017(h)): Restore heat within hours during cold months.
  • Defective wiring (27-2017(f)): Fix electrical hazards to avoid fire risk.
  • Blocked fire exits: Clear paths for safe evacuation.
  • Structural collapse risk: Stabilize building per DOB orders.
  • Severe lead hazards: Abate in units with children under six.

Report via 311 tenant hotline; HPD sends an inspector who issues an order to repair. If ignored, HPD performs emergency repair and bills the owner, possibly with liens. Tenants may withhold rent or seek HP action in housing court for habitability breaches.

Landlords face vacate orders for unaddressed Class C violations, halting occupancy until fixed. Lift requires C of C and re-inspection. Owner liability extends to managing agents and supers for compliance.

Standard Repair Timeframes

Landlords get 90 days for Class A fixes like peeling paint and 30 days for Class B like leaks, per HPD correction periods tracked via hpdonline.nyc.gov.

These timeframes come from NYC Admin Code 27-2018. Class A covers non-hazardous violations, Class B hazardous violations, and Class C immediately hazardous violations with a 24-hour deadline.

Landlords can request an extension by submitting a written request to HPD within 10 days of the NOV. The request must show good faith efforts, such as partial repairs or contractor bids.

HPD reviews these for approval based on evidence of progress. Tenants should check violation status online to track compliance during the repair timeline.

Class A: Non-Hazardous (90 Days)

Class A violations like minor leaks or peeling paint give landlords a generous 90-day correction window before ECB fines kick in.

Follow this numbered process for compliance:

  1. Receive the notice of violation (NOV), typically mailed or certified.
  2. The 90-day clock starts from NOV service.
  3. Schedule repairs promptly.
  4. File certification of correction (C of C) online with no fee if no hearing occurs.
  5. HPD schedules re-inspection within 30 days after C of C filing.

Common examples include broken window (Vio# 02018) or inadequate lighting (Vio# 03025). Landlords often use handymen for these non-hazardous issues in multiple dwellings.

Tenants facing open Class A violations can call 311 or use HPD online for updates. Failure to correct leads to ECB penalties and potential HP actions in housing court.

Class B: Hazardous (30 Days)

Class B violations like mold growth or no hot water require fixes within 30 days, or face $250-750 ECB penalties plus tenant HP actions.

Take these steps for compliance:

  1. Identify a licensed contractor, such as a plumber for Vio# 05001 leaks.
  2. Complete repairs within the 30-day deadline.
  3. File C of C with photos and receipts as proof.
  4. Request dismissal at an ECB hearing if violations persist.

HPD applies a substantial compliance standard, where fixing most issues grants partial credit per OATH precedent. This helps landlords avoid full fines for hazardous violations like plumbing leaks.

Owners must prioritize these to uphold the warranty of habitability. Tenants may withhold rent or pursue repair and deduct if deadlines pass without action.

Emergency Situations

Emergency Situations

HPD responds to 15,000+ emergency 311 calls yearly for Class C issues, dispatching repairs if landlords miss the 24-hour window. Tenants facing gas leaks or no heat must call 311 immediately to trigger this protocol. Landlords have a strict legal obligation to act fast under the NYC housing maintenance code.

The typical emergency protocol flowchart starts with a tenant calling 311. An HPD inspector arrives in 2-24 hours, issues a notice of violation plus an order to repair. If the landlord delays, HPD performs the emergency fix and bills the owner.

Key rules include the 24-hour hot water rule under section 27-2017(k), mandating landlords maintain at least 110 degrees Fahrenheit. Failure triggers HPD's emergency repair program, with charges plus a 25% admin fee. Owners face liens or ECB fines for non-payment.

For hazardous violations like collapsing ceilings, HPD issues vacate orders. Tenants should document conditions with photos and request re-inspections. This protects tenant rights while enforcing landlord responsibilities in multiple dwellings.

Immediate Action Required

Gas leaks, no heat in winter, and structural defects demand 24-hour fixes, with HPD taking over if landlords fail. These fall under immediately hazardous Class C violations, prompting swift code enforcement. Tenants can withhold rent under the warranty of habitability if ignored.

HPD's Emergency Repair Program handles fixes like plumbing leaks or electrical hazards, then bills owners with a 25% admin fee. Repeat violations lead to higher civil penalties or OATH hearings. Landlords must certify corrections promptly to avoid liens.

  • Gas leak: 2 hours response time, requires licensed plumber and DOB permit.
  • No heat below 55 degreesF: 24 hours, especially in rent-stabilized units during heat season.
  • Sewage backup: 24 hours, HPD may order vacate for health risks.
  • Live electrical wires: 2 hours, electrician needed to prevent fires.
  • Collapsing ceiling: Immediate vacate order, structural inspection mandatory.

Landlords should prioritize these to prevent HP action or housing court. Tenants report via 311 or HPD online for violation lookup by property address. Quick compliance lifts orders and avoids willful violation charges.

HP Action Plan Process

HP Actions in Housing Part, NYC Civil Court, let tenants sue for repairs when landlords miss deadlines, recovering claims through court orders. Tenants use this process to enforce landlord responsibilities under the NYC housing maintenance code. It covers violations like heat issues, leaks, or pest infestations.

The HP action starts after a landlord fails to fix an open violation within the required time frame, such as 24 hours for class C emergencies. Tenants document issues and follow a structured path to court. This leads to repair orders, rent adjustments, or administrator appointments.

  1. Document violations with photos and HPD lookup on the property address, borough, block, lot, or BIN to confirm status.
  2. Send a 14-day demand letter via certified mail, detailing the violation and repair deadline.
  3. File an HP petition with a $45 fee at Housing Court, scheduling a hearing.
  4. Court orders repairs, back rent adjustments, or rent withholding for warranty of habitability breaches.
  5. Judge can appoint a 7A administrator for severe, willful violations in multiple dwellings.
  6. Tenant gets approval for repair and deduct from rent or direct fixes.
  7. Appeal to Appellate Term if the decision needs review.

For free legal aid, contact the Legal Aid Society at 212-577-3300 or call 311 for tenant hotlines. These steps protect against retaliatory eviction during the process.

Document Violations First

Start the HP action plan by thoroughly documenting every violation. Take clear photos of issues like broken windows, mold growth, or no hot water, and note dates. Use HPD online lookup with the building's address or BIN to print official violation records.

This evidence proves the landlord's legal obligation failed, such as ignoring a class B hazardous violation's 14-day fix deadline. Keep records organized for court. It strengthens claims for rent abatement or emergency repairs.

Report new issues to HPD via 311 for an inspection and NOV. Track correction periods to confirm non-compliance. Experts recommend combining tenant photos with official HPD data for best results.

Send the Demand Letter

After documentation, send a 14-day demand letter by certified mail to the owner, managing agent, or superintendent. List specific violations, cite housing code sections like 27-2005, and demand fixes by a set date. Include copies of photos and HPD violation status.

This formal notice starts the clock for landlord response under tenant rights. It warns of HP action if ignored, covering issues like plumbing leaks or rodent infestations. Keep the receipt as proof of delivery.

If no action follows, proceed to filing. This step often prompts voluntary compliance without court. Use templates from legal aid for accuracy.

Filing and Court Hearing

File the HP petition at NYC Housing Court with a $45 fee, using form HP-3. Bring all documentation, including the unanswered demand letter. The court sets a hearing date, notifying the landlord.

At the hearing, present evidence of open violations like class C gas leaks or fire safety failures. The judge reviews HPD records and tenant testimony. Outcomes include orders to repair, fines, or civil penalties for willful violations.

Tenants can request back rent adjustments or [rent stabilized](/blog/how-do-i-know-if-my-nyc-apartment-is-rent-stabilized) overcharge reviews. Legal aid helps prepare for cross-examination by landlords.

Tenant Remedies for Non-Compliance

Tenant Remedies for Non-Compliance

Beyond HP Actions, tenants can withhold rent (up to 100% for no heat) or 'repair & deduct' up to one month's rent under Warranty of Habitability.

These options help enforce landlord responsibilities when violations like no hot water or mold persist past repair timelines. Tenants in NYC rent stabilized units gain extra protections through the implied warranty.

Call the tenant hotline at 718-707-7771 for advice on next steps. The 2023 RGB habitability guidelines outline conditions like heat and pest control that trigger these remedies.

Document everything with photos and timelines to build a strong case in housing court.

Landlords face legal obligations under NYC Housing Maintenance Code sections like 27-2005 for timely fixes. Class C violations demand action in 24 hours, while class B allows 14 days.

Non-compliance opens doors to tenant actions, from complaints to court. Experts recommend starting with 311 for free HPD inspections before escalating.

RemedyProcessMax AmountSuccess Rate
Rent withholdingCourt order requiredFull rent reductionHigh in practice
Repair & deductFix issue, deduct from rent with receipts$1,000 limitCommonly effective
HP ActionFile in housing court for repairs + abatementN/AFavors tenants often
311/HPD complaintCall 311 for inspection and enforcementN/ALeads to fixes frequently
ECB witnessTestify at OATH hearing; aids violation dismissalN/ASupports owner fines

Each remedy targets open violations like plumbing leaks or rodent infestations. For example, after a class C gas leak, use repair & deduct for an emergency plumber if the landlord ignores the 24-hour deadline.

Frequently Asked Questions

How Long Does a Landlord Have to Fix a Violation in NYC?

In NYC, landlords are generally required to correct Housing Maintenance Code violations within 24 hours for Class C (immediately hazardous) violations, 14 days for Class B (hazardous) violations, and 30 days for Class A (non-hazardous) violations, as classified by the NYC Department of Housing Preservation and Development (HPD). How Long Does a Landlord Have to Fix a Violation in NYC? depends on the violation class, but tenants can report non-compliance to HPD for enforcement.

What Are the Violation Classes That Determine How Long a Landlord Has to Fix Issues in NYC?

NYC HPD classifies violations into Class A (non-hazardous, 30 days to fix), Class B (hazardous, 14 days), and Class C (immediately hazardous, 24 hours). How Long Does a Landlord Have to Fix a Violation in NYC? is directly tied to these classes, ensuring urgent repairs for safety threats like lack of heat or lead paint hazards.

What Happens If a Landlord Doesn't Fix a Violation Within the Required Time in NYC?

If a landlord fails to address a violation on time, HPD can issue fines starting at $250 up to $2,000 per violation, place the building in emergency repair programs, or allow tenants to withhold rent via HP Action. How Long Does a Landlord Have to Fix a Violation in NYC? is strictly enforced to protect tenant rights.

How Can Tenants Check the Status of Violations and Timelines in NYC?

Tenants can use the NYC HPD Online portal (nyc.gov/hpd) or call 311 to search violation records, which include certification dates and repair deadlines. How Long Does a Landlord Have to Fix a Violation in NYC? is tracked publicly, helping tenants monitor compliance and report extensions or dismissals.

Are There Exceptions to How Long a Landlord Has to Fix a Violation in NYC?

Landlords can request extensions from HPD for good cause, like supply delays, but must notify tenants. Dismissals occur if fixed early. How Long Does a Landlord Have to Fix a Violation in NYC? timelines are flexible only with approval, prioritizing resident safety under local laws.

Who Enforces the Timelines for Landlords Fixing Violations in NYC?

The NYC Department of Housing Preservation and Development (HPD) enforces these timelines through inspections, NOVs (Notices of Violation), and legal actions. How Long Does a Landlord Have to Fix a Violation in NYC? is governed by HMC Sections 27-2005 and 27-2115, with 311 as the reporting hotline for violations.


Related resources

If you’re researching a building or planning a move, these are good next steps:

Related articles

Official sources