What Are HP Actions and Why Do They Appear on Building Records?
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Imagine discovering a mysterious "HP Action" flagged on your property's records, casting doubt on its value and legality. These critical notations from New York City's Department of Buildings (DOB) and Housing Preservation & Development (HPD) signal serious violations that demand attention.
This article unravels HP Actions-their definition, types, triggers, and processes-while revealing why they appear in public databases like BIS and ACRIS, and their profound implications for owners.
What Are HP Actions?
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HP Actions are formal enforcement measures initiated by NYC's Department of Housing Preservation and Development (HPD) against properties with unresolved violations. They serve as a legal enforcement tool under the Housing Maintenance Code. These actions appear on public building records like BIS and ACRIS, alerting buyers and tenants to property issues.
HPD issued 1.2M violations in 2023, leading to 15K+ HP Actions according to NYC Open Data. Owners must address Class A, B, and C violations within set periods, or face court-ordered remedies. This section covers three main types: emergency repairs, civil penalties, and places of abatement.
Common triggers include heat hot water failures, lead paint hazards, and mold growth. Checking the HPD portal by address or BBL reveals open HP Actions. Understanding these helps with due diligence in NYC real estate transactions.
Tenants can file 311 complaints leading to inspections. Property owners risk fines and vacate orders if they ignore violations. Always review NYC property records before purchase to avoid escrow holdbacks.
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Definition of HP Actions
HP Actions are court-ordered remedies issued when property owners fail to correct HPD violations within certification periods. Class A, B, and C violations require certification after 21 or 30 days. Failure leads to formal HP Actions listed on building records.
For example, searching 123 Main St on the HPD portal might show 'Open HP Action #HP-2024-00123' with a $5,000 penalty for uncorrected rodent infestation. Statuses include open, dismissed, and corrected violations. Owners must request re-inspection to update status.
- Open HP Action: Violation remains uncertified, penalties accrue.
- Dismissed HP Action: Resolved via payment or proof of correction, sometimes with a fee.
- Corrected HP Action: HPD inspector verifies fix during re-inspection.
False certification triggers additional civil penalties. Tenants gain leverage through these records for rent stabilization disputes. Buyers should search by BIN number or block lot in ACRIS during title search.
Historical Context of HP Actions
HP Actions originated in the 1980s amid NYC's housing crisis when 500,000+ units were uninhabitable. The 1982 Housing Maintenance Code update laid groundwork for stronger enforcement. By 1990, HP Actions were formalized to tackle habitability issues.
In the 1990s Bronx multifamily crisis, issues like emergency vacate orders hit 2,500 buildings due to plumbing leaks and structural decay. The program evolved into the Homebase Program for tenant support. NYC HPD Annual Report 2023 notes it resolved 85% of 18K actions.
Key milestones include expanded emergency repair program (ERP) for boiler repairs and extermination. Local Law 11 added facade violations to HP oversight. These steps addressed DOB violations like sidewalk sheds and illegal conversions.
Today, HP Actions enforce landlord obligations for window guards, smoke detectors, and elevator safety. Review violation history in BIS for foreclosure risks or tax liens. This context underscores their role in building safety and tenant rights.
Origins and Purpose of HP Actions
HP Actions enforce NYC's Housing Maintenance Code through systematic legal pressure on non-compliant owners. They evolved from 311 complaints about issues like heat shortages or leaks into formal court actions when owners ignore repair orders. This process starts with HPD inspections and escalates to hold property owners accountable.
The Homebase program by HPD tracks over 300,000 buildings using NYC BIS data. It centralizes records of HP actions, violations, and compliance status for easy lookup. Owners face ongoing pressure until hazards like rodent infestations or plumbing leaks are fixed.
These actions appear on building records in systems like ACRIS and the HPD portal, signaling potential risks for buyers. Legislative changes have strengthened enforcement over time. Next, explore the key laws behind them and their main goals.
For property owners, addressing open HP actions promptly avoids civil penalties and emergency vacates. Tenants can check records via violation lookup tools to protect their rights under housing laws.
Legislative Background
HP Actions derive authority from NYC Administrative Code 27-2115 and Housing Maintenance Code (HMC) violations. These laws mandate repairs for issues like heat hot water failures under HMC Chapter 5. Local Law 1 of 2004 targets mold remediation, while Local Law 11 of 2019 requires facade inspections.
Violations fall into Class A, B, C categories, with Class B fines ranging from $250 to $2,000 per violation under NYC Rules Title 28. Immediately hazardous violations, such as lead paint hazards, demand quick action. HPD inspectors issue notices during building inspections.
Examples include orders for window guards, deteriorated walls, or boiler repairs. Non-compliance leads to HP court filings. Owners must certify fixes within set periods or face re-inspections and fees.
Check HPD violations history in BIS or open data NYC using block lot or BIN numbers. This background ensures landlord obligations align with tenant rights and building safety standards.
Primary Goals and Objectives
HP Actions compel repairs, protect tenants, and maintain housing stock quality across NYC's rental units. They force owners to address emergency repairs like weather-related issues through the ERP program. This systematic approach reduces habitability problems citywide.
Key goals include:
- Forcing compliance by tracking open, dismissed, and corrected violations in building records.
- Protecting tenants from hazards like smoke detectors failures or egress issues, cutting emergency 311 calls.
- Recovering costs via Place of Abatement charges for HPD-performed work, such as extermination services.
- Deterring repeat violations with civil penalties and fines for false certifications.
These objectives support NYC housing laws, including rent stabilization and Section 8 properties. Owners learn from past DOB violations or vacate orders to avoid escalation.
Buyers conducting due diligence review HP action status for escrow holdbacks. Tenants verify property condition via HPD portals to enforce rights against illegal conversions or fire safety lapses.
Types of HP Actions
HPD classifies HP Actions by severity: Individual for specific violations, Emergency for immediate threats, and Vacate for uninhabitable conditions. These appear on building records in NYC HPD systems like the Building Information System. Owners face escalating urgency and penalties across types.
Individual Actions allow 21-30 days for certification with fines from $1K to $5K. Emergency Actions demand fixes in 24-72 hours, carrying $5K-$25K penalties. Vacate Actions require immediate evacuation with fines over $25K, often triggering relocation aid.
| Action Type | Typical Fine Range | Urgency |
|---|---|---|
| Individual | $1K-$5K | 21-30 days |
| Emergency | $5K-$25K | 24-72 hours |
| Vacate | $25K+ | Immediate |
NYC HPD Open Data shows 12K Individual Actions, 2.1K Emergency Actions, and 850 Vacate Actions in 2023. Check HP action status via HPD portal or ACRIS for property due diligence. Addressing open violations early avoids escalation to higher severity.
HP Individual Actions
HP Individual Actions target specific Class A, B, C violations uncertified after 21-30 days. These stem from HPD complaints or 311 reports about non-hazardous issues. Owners must certify corrections, or face civil penalties listed on NYC property records.
| Violation Type | Examples | Certification Period | Typical Fine |
|---|---|---|---|
| Class A | paint cracks, deteriorated walls | 21 days | $150 |
| Class B | leaks, window guards missing | 30 days | $450 |
| Class C | egress issues, plumbing leaks | 30 days | $1,500 |
At 456 Evergreen Ave, 18 Class A violations led to a $2,700 HP Action. Owners can dismiss via re-inspection or pay violation dismissal fee. Track open HP actions, dismissed violations, or corrected violations in BIS using block lot or BIN.
Landlords should prioritize certification periods to prevent false certification charges. Buyers review code violation history during title search for escrow holdbacks. This maintains building safety and habitability under NYC housing laws.
HP Emergency Actions
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HP Emergency Actions address immediately hazardous conditions requiring correction within 24-72 hours. These hazardous violations trigger high fines of $5K-$25K if ignored. HPD often steps in via Emergency Repair Program (ERP) for urgent fixes.
- No heat/hot water below 55 degreesF in winter.
- Severe mold over 30 square feet.
- Lead paint violations in child-occupied units.
- Rodent infestation needing extermination services.
- Plumbing leaks causing structural damage.
In 2023, HPD handled boiler repairs on 1,200 buildings under ERP. Examples include weather-related emergencies or critical violations like fire safety lapses. Property owners must comply to avoid place of abatement where HPD bills for repairs.
Tenants report via 311 for HPD inspector visits and building inspections. Review Homebase Program for tenant rights on rent stabilization or Section 8. Clearing these prevents progression to emergency vacate.
HP Vacate Actions
HP Vacate Actions order building or unit evacuation when conditions render spaces uninhabitable. HPD issues these after inspection reveals severe HMC violations or building code violations. Fines exceed $25K, with HPD providing relocation assistance.
The process starts with HPD inspection, followed by vacate order. In 2023, NYC saw 850 such orders, 72% residential. Owners face landlord obligations for safe reentry after abatements.
At 789 Park Ave in Brooklyn, a collapsed ceiling plus lead paint led to full vacate, $45K fine, and HPD's $28K abatement. Common triggers include structural integrity failures, elevator violations, or illegal conversions like cellar apartments. Check DOB violations alongside HPD for full picture.
Sellers disclose vacate history in buyer disclosures. Use violation lookup by address, BBL, or BIN in open data NYC. Resolving HP action status restores certificate of occupancy and property value.
Why HP Actions Appear on Building Records
HP Actions create permanent public records accessible via BIS, ACRIS, and HPD portals. Public disclosure ensures transparency for tenants, buyers, and lenders checking building records. This system helps reveal habitability issues like heat hot water complaints or lead paint violations.
Owners face landlord obligations to address HPD violations, from emergency repairs to mold remediation. Records track open HP actions, dismissed cases, and corrected violations. Buyers use these during due diligence to spot risks like civil penalties or vacate orders.
Key systems include DOB's Building Information System for DOB violations and HPD's Homebase for complaint histories. ACRIS shows liens from unpaid fines. Next sections cover public record roles, documentation details, and search methods.
Tenants benefit from tenant rights under NYC housing laws, while sellers must provide disclosures. These records promote building safety and code compliance across rent-stabilized or Section 8 properties.
Role of Public Records
NYC law mandates HP Actions appear in public records for 3+ years post-dismissal. Retention varies: open violations stay indefinite, dismissed ones for three years, corrected for one year. This setup alerts parties to past hazardous violations like rodent infestation or plumbing leaks.
Real estate rules under RPAPL 235-b require seller disclosures of violation history. Buyers review these during title searches to avoid escrow holdbacks. Lenders check for liens impacting property title.
For example, an ACRIS document search might reveal an HP Action lien from emergency vacate orders. This affects transfers in NYC real estate deals. Owners must pay violation dismissal fees for re-inspections.
Public access supports housing code enforcement, tracking everything from class A B C violations to immediately hazardous issues. Tenants file 311 complaints, leading to HPD inspector visits and place of abatement notices.
DOB and HPD Documentation
HPD records HP Actions in BIS; DOB cross-references in Alt/NEW filings. HPD's Homebase covers thousands of buildings with HPD complaint data. DOB's BIS handles permits, violations, and facade inspections under Local Law 11.
ACRIS documents liens, deeds, and foreclosure records tied to unpaid fines. Cross-checks link DOB violation numbers to HPD Actions. For instance, DOB #34012345 might connect to HPD #HP-2023-04567 for boiler repairs.
Search BIS with a building ID like #33333333 to find open HP Actions. These systems track emergency repair program work, extermination services, and window guards. Owners certify fixes within periods to avoid false certification penalties.
Records include zoning violations, illegal conversions, and fire safety issues like smoke detectors. This aids property condition assessments for certificate of occupancy compliance.
Accessibility via BIS and ACRIS
Access HP Actions free via BIS using BBL or BIN search, and ACRIS for document images. Start at BIS.nyc, enter Borough Block Lot like 3059-0012-1234. Filter the HP Actions tab for open, dismissed, or corrected status.
Next, use ACRIS to search block and lot for liens or deeds. A BIN like 3367890 might list open HP Actions with penalties. HPDonline offers mobile access to violation lookups.
- Go to BIS.nyc and input BBL or BIN.
- Select the HP Actions filter for details on violations.
- Switch to ACRIS, search by block/lot, review document scans.
These tools reveal code violation history, from deteriorated walls to elevator issues. Use address search or open data NYC for broader property database checks. This due diligence protects buyers from hidden habitability issues.
The HP Action Process
HP Actions follow a 45-60 day process from 311 complaint to court enforcement. This timeline covers inspection, violation issuance, owner notification, compliance checks, and potential court action if issues persist. The process aims to enforce NYC HPD standards for building safety and habitability.
Owners face escalating steps if HPD violations like heat issues, mold, or plumbing leaks remain open. Average resolution takes about 68 days, per HPD Performance Dashboard 2023 data. Key phases include inspection, notification, certification, re-inspection, and resolution or HP Action.
Preview the main steps: First, inspection and violation issuance after a tenant's 311 call. Next, notification to owners with certification deadlines. Finally, compliance and resolution leading to dismissal or court enforcement.
Understanding this flow helps property buyers check building records via ACRIS or BIS for open violations. Landlords must address issues promptly to avoid civil penalties and emergency repairs under the ERP program.
Inspection and Violation Issuance
Process begins with 311/HPD complaint triggering inspection within 3-14 days. Tenants report issues like no heat or rodent infestation, prompting HPD action. Priority varies by hazard level.
- Tenant calls 311 with details on habitability issues such as leaking pipes or window guards.
- HPD assigns an inspector within 48 hours for Class B or C violations.
- Inspector conducts on-site inspection, takes photos, and issues violations for code breaches.
- NOV is served, classifying as Class A (non-hazardous), B (hazardous), or C (immediately hazardous).
Priority inspections occur fast: heat within 24 hours, no hot water in 3 days. Examples include Class C #123456 - No heat in winter. These enter NYC property records like BIS or Building Information System.
HPD inspectors check for Housing Maintenance Code violations, lead paint, or mold. This step starts the clock on property owner responsibilities and tenant rights under NYC housing laws.
Notification to Owners
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Owners receive Notice of Violation (NOV) by certified mail with 21/30-day certification deadline. The notice details the violation and requires proof of correction. Failure risks HP Action.
Notice contents include violation number, description, certification form, and HPD contact info. Owners must sign and return the form stating repairs are done. False certification carries $5,000 fines plus jail time.
Example: Class B #345678 - Leaking pipe, certify by 4/15/24 or face HP Action. It lists issues like deteriorated walls or boiler repairs. Owners access the HPD portal for details using block lot or BIN.
This step enforces landlord obligations for rent stabilization or Section 8 properties. Buyers review these in title search or due diligence to spot open violations in building records.
Compliance and Resolution Steps
Owners certify compliance; HPD re-inspects within 20 days ($200 fee per violation). Certification confirms fixes for issues like plumbing leaks or smoke detectors. Process leads to dismissal or escalation.
The flow is straightforward: Certify repairs, schedule re-inspection, then HPD decides. Outcomes include corrected status, dismissal after fee, or HP Action for non-compliance. A $250 dismissal fee applies for closed cases.
Common paths: Violations marked corrected if fixed, dismissed on re-inspection, or open leading to court. Check status via open data NYC or violation lookup by address, BBL, or BIN. Emergency cases may involve vacate order or place of abatement.
Owners pay re-inspection fees and avoid fines by acting fast. Buyers note HP action status in escrow holdbacks or seller disclosures. This resolves most building code violations without court.
Common Triggers for HP Actions
HP Actions often arise from everyday building issues reported via 311 complaints to NYC HPD. In 2023, violations reached high numbers, with heat complaints at 28K, pests at 22K, and leaks at 18K. These trigger inspections, repair orders, and entries on building records.
85% of HP Actions stem from 8 preventable conditions per HPD's top violations list. Property owners can avoid most by routine checks on heat, hot water, and pests. Tenants should report issues early to enforce landlord obligations.
Common triggers include building code violations, emergency conditions, and habitability issues. Addressing them promptly prevents open violations and fines. Use HPD's portal or BIS for violation lookup by address or BBL.
Practical steps like installing window guards or fixing leaks keep buildings compliant with Housing Maintenance Code. Regular extermination services reduce pest-related HP Actions. Owners face civil penalties for ignored issues, impacting property title and sales.
Building Code Violations
Class A/B violations like deteriorated walls and missing window guards trigger 45% of HP Actions. These HPD violations appear on building records until corrected. Fines range from $150 to $1,500 per violation.
Top issues include window guards with 12K violations, deteriorated walls or plaster at 9K, and defective floors at 7K. Inadequate lighting and door issues follow at 6K and 5K. Owners must certify fixes within the period or face re-inspection.
- Install window guards in apartments with children under 10 to meet code.
- Repair deteriorated plaster to prevent Class B hazardous violations.
- Fix uneven floors that pose trip hazards during HPD inspections.
Check NYC property records via ACRIS or open data NYC for violation history. Dismissed violations require fees, while open ones delay CO or sales. Proactive maintenance avoids place of abatement orders.
Emergency Conditions
Immediately hazardous conditions like no heat and severe leaks generate 25% of HP Emergency Actions. These prompt emergency repairs under ERP, costing owners in reimbursements. HPD inspectors act fast on 311 complaints.
Key triggers are heat below 55 degreesF with 28K complaints, no hot water at 15K, boiler failure, gas leaks, and electrical hazards. Weather-related emergencies spike in winter. Vacate orders may issue for structural threats.
- Ensure boilers provide hot water above 55 degreesF to avoid ERP charges.
- Address gas leaks immediately to prevent evacuations.
- Fix electrical hazards like exposed wiring during routine checks.
Owners reimburse HPD via ERP for critical fixes, protecting tenant rights. Monitor HP action status online to close emergency violations. Combine with DOB violations for full building safety compliance.
Habitability Issues
Pests, mold, and fire safety failures account for 30% of repeat HP Actions. These habitability issues cross into NYC Health Code, leading to HPD enforcement. Rodent infestation tops at 22K complaints.
Breakdown shows rodents at 22K, mold over 30sqft at 14K, missing smoke detectors at 11K, blocked egress at 8K, and garbage at 7K. Repeat violations signal poor maintenance. Tenants gain leverage in rent stabilization disputes.
- Schedule extermination services monthly for rodent control.
- Remediate mold growth exceeding 30sqft promptly.
- Install smoke detectors in all units for fire safety.
Clear blocked egress paths to prevent vacate orders. Certification of corrections dismisses violations from records. Owners should track via HPD portal to avoid fines and support property condition for sales.
Implications of HP Actions on Properties
HP Actions reduce property values and trigger lender red flags during due diligence. These actions from NYC HPD create a multiplier effect across finance, legal matters, and market value. Open violations often lead to higher costs and complications for owners.
Research from the NYU Furman Center points to significant value drops tied to unresolved issues. For instance, properties with open HP Actions face scrutiny in appraisals and sales. This impacts everything from financing to tenant relations.
Key areas include financial impacts like fines and repair costs, legal consequences such as liens, and effects on property value and sales. Owners must address these promptly to avoid escalation. Checking building records via HPD portals helps track status.
Practical steps involve regular building inspections and violation certifications. Dismissing or correcting actions requires proof of repairs. Tenant complaints through 311 often spark these issues, affecting habitability.
Financial Impacts
Unresolved HP Actions lead to substantial costs for property owners, including fines and lost income. These expenses compound through repair bills, vacancy periods, and higher interest on judgments. Owners face immediate pressure to comply with HPD violations.
Average costs include civil penalties for class A B C violations, plus expenses for emergency repairs like boiler fixes or extermination. Vacancy losses occur from emergency vacate orders, halting rent collection. Interest accrues on unpaid amounts, straining cash flow.
Consider a 5-unit building in Bushwick with multiple HP Actions for heat, hot water, and mold. Total costs mounted quickly from abatement, fines, and downtime. Owners can mitigate by using the Emergency Repair Program (ERP) for weather-related fixes.
To manage finances, track HP action status in NYC property records like BIS or ACRIS. Budget for re-inspections and violation dismissal fees. Prioritize hazardous violations to limit ongoing penalties.
Legal Consequences
Unresolved HP Actions lead to liens, warrant of habitability denial, and criminal contempt. The process escalates from civil judgments to property liens recorded in ACRIS. HPD inspectors enforce Housing Maintenance Code (HMC) standards strictly.
Steps include a civil judgment, then a lien on the property title. Further issues bring criminal court for misdemeanors, especially with building-wide actions. Rent-stabilized units face DHCR rent withholding, protecting tenant rights.
- Civil judgment for initial non-compliance.
- Property lien affecting title search.
- Criminal court for repeated violations.
- Building-wide HP Action for systemic problems.
False certification of corrections risks severe penalties, including jail time and fines. Owners must document repairs accurately during the certification period. Consult legal experts for landlord obligations under NYC housing laws.
Effects on Property Value and Sales
Properties with open HP Actions face reduced market appeal and lower sale prices. Buyers spot these in due diligence via building records and HPD portals. Lenders often flag them under guidelines like Fannie Mae.
Impacts include appraisal reductions, escrow holdbacks, and loan denials. Sellers must disclose open violations, dismissed ones, or corrected status. Failure risks lawsuits over buyer disclosures.
- Appraisal cuts due to repair needs.
- Escrow holdbacks covering violation costs.
- Lender denial during financing review.
- Post-sale litigation for hidden issues.
For example, a 6-unit Harlem building listed at $1.8M sold lower after HP Action discovery for lead paint and plumbing leaks. Check violation lookup by address, BBL, or BIN number. Clear actions before listing to maximize value and avoid delays.
Frequently Asked Questions
What Are HP Actions and Why Do They Appear on Building Records?
HP Actions, or Historic Preservation Actions, refer to official measures taken by local or national historic preservation authorities to protect, designate, or regulate buildings with historical, architectural, or cultural significance. They appear on building records to document compliance with preservation laws, track modifications, approvals for alterations, or designations as historic landmarks, ensuring transparency for owners, buyers, and developers during property transactions or renovations.
What types of HP Actions are commonly recorded on building records?
Common HP Actions include historic landmark designations, certificates of appropriateness for changes, demolitions approvals, tax credit grants for preservation, violations notices, and easement agreements. These appear on building records to provide a public history of preservation-related decisions and restrictions.
Why do HP Actions show up during a property title search?
HP Actions appear on building records and title searches because they can impose legal restrictions or covenants on the property, such as limits on demolition or alterations. This alerts potential buyers to preservation obligations, helping prevent unauthorized changes and preserving community heritage.
How do HP Actions affect property owners?
HP Actions can require owners to maintain historic features, seek approvals for repairs or updates, or qualify for incentives like tax breaks. They appear on records to enforce these rules, balancing property rights with public interest in cultural preservation.
Can HP Actions be removed from building records?
Removing HP Actions from records is rare and typically requires formal delisting by preservation authorities after proving the building no longer meets historic criteria. They remain on records for historical accuracy and to inform future transactions.
What should I do if I see unfamiliar HP Actions on my building records?
Contact your local historic preservation office or a real estate attorney for clarification. HP Actions appear to highlight any ongoing obligations, so understanding them ensures compliance and avoids fines or legal issues during ownership or sales.