What Does an Open HPD Violation Mean?
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Imagine discovering an open HPD violation on your New York City property-could it trigger fines, liens, or tenant disputes overnight?
This critical status from the Department of Housing Preservation and Development (HPD) signals unresolved issues, from hazardous conditions to minor code breaches. Uncover definitions, causes, legal risks, correction steps, violation classes, and tenant impacts-plus how to check status via HPD's online portal.
Arm yourself with knowledge to protect your investment.
What Is an Open HPD Violation?
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An open HPD violation refers to an unresolved code infraction issued by New York City's Department of Housing Preservation and Development (HPD) that remains active until corrected and certified. HPD enforces the NYC Housing Maintenance Code to ensure safe living conditions in residential buildings. This agency responds to tenant complaints via 311 and conducts inspections to identify issues like heat or pest problems.
In 2023, HPD issued 1.2 million violations across 300,000+ buildings, according to the HPD Annual Report. These open violations signal ongoing risks to tenant health and safety. The legal basis stems from NYC Admin Code 27-2005, which mandates owners to maintain habitable conditions.
Owners must fix HPD violations promptly to avoid escalating penalties, such as fines or orders to repair. Tenants can check violation status on HPDonline to track progress. Unresolved issues may lead to rent withholding or emergency actions like vacate orders.
Understanding an open violation helps both landlords and renters navigate responsibilities under the Housing Maintenance Code. Property owners face civil penalties for non-compliance, while tenants gain leverage for repairs. Regular HPD inspections prevent substandard housing conditions.
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Definition of HPD Violations
HPD violations are formal notices citing specific breaches of NYC Housing Maintenance Code, NYC Administrative Code Title 27, Chapter 5, or Multiple Dwelling Law. Each notice includes a legal citation, such as a code section number. This identifies the exact rule broken during an inspection.
The three core components are: a legal citation like Housing Maint. Code 27-2026, a description of violation such as "No hot water - 5 days", and required correction like "Restore hot water service". Owners receive these via mail or the HPDonline portal. Tenants can view examples there too.
Reference NYC Admin Code 27-2005 for the foundation of these enforcement actions. Violations classify as Class A, Class B, or Class C based on severity, from immediately hazardous to less critical. This structure guides correction timelines and fines.
Practical steps include searching HPDonline violation lookup for your building's history. Owners must certify fixes with a violation certificate. This process ensures accountability in NYC housing violations.
Difference Between Open and Closed Violations
Open violations remain active with correction deadlines pending, while closed violations have been certified corrected by the owner and verified by HPD re-inspection. Open status means the issue persists, triggering ongoing owner duties. Closed status lifts these requirements after HPD approval.
HPD policy sets a 21-day certification window per the Notice of Violation form. Owners submit proof of repair within this time for dismissal. Failure keeps the violation open, risking higher fines or ECB hearings.
| Status | Duration | Owner Action Required | Tenant Impact | Example |
|---|---|---|---|---|
| Open | 90+ days typical | Repairs + Certification | Rent withholding possible | Heat violation #123456 |
| Closed | 21-45 days post-correction | None | Hot water restored | Service restored |
This table highlights key contrasts in violation open versus violation closed scenarios. Tenants benefit from open status through stronger tenant rights, like withholding rent for habitability issues. Owners track progress via violation search tools to achieve compliance.
Common Types of HPD Violations
HPD issues violations for various housing code breaches, with heat, hot water, and pests among the most frequent. These stem from 311 complaints or routine inspections. Categories range from emergency violations to non-hazardous ones, each with set correction times.
| Violation Type | Legal Basis | Correction Time | Fine Range |
|---|---|---|---|
| 1. No heat | Housing Maint. Code 27-2026 | 24-48 hrs | $250-$1,250 |
| 2. No hot water | 27-2027 | 72 hrs | $250-$1,250 |
| 3. Pest infestation | 27-2017 | 21 days | $300-$2,000 |
| 4. Mold violation | 27-2017.1 | 21 days | $300-$2,000 |
| 5. Lead paint violation | Local Law 1 | 21 days | $500-$2,500 |
| 6. Plumbing violation | 27-2026 | 21 days | $250-$1,250 |
Check HPDonline for real violation lookup examples in your building. Owners prioritize critical violations like heat issues to avoid vacate orders. Tenants report via HPD complaint lines for quick response.
Repeat or willful violations increase penalties, including ECB violations at OATH hearings. Track your property's open violations list to stay compliant. Proper fixes lead to certificates of no violation, protecting against tenant harassment claims.
How Do HPD Violations Occur?
HPD violations result from three primary triggers: routine inspections, tenant complaints via 311, and emergency conditions requiring immediate agency response. The process flows from a trigger to issuance of a Notice of Violation (NOV) within 7-21 days. This timeline depends on violation severity and agency workload.
Once triggered, NYC HPD inspectors assess the property against the Housing Maintenance Code. They document issues like heat violations or mold, then issue an NOV specifying the correction date. Landlords must fix the problem by that date to avoid fines or an open HPD violation.
Many violations start as 311 complaints, leading to targeted inspections. Others arise from scheduled checks or emergencies. Property owners can track status via HPD online or BIS system to monitor violation compliance.
Understanding these triggers helps tenants enforce tenant rights and landlords prevent HPD fines. An unresolved violation becomes an open violation, impacting rent stabilization or property sales.
Inspection Triggers
Routine HPD inspections occur for lead paint in pre-1960 buildings, emergency repair program properties, and rent-stabilized buildings with 5+ open violations. These checks ensure compliance with NYC housing codes. Inspectors use detailed checklists to spot issues.
Key inspection types include four main categories. First, lead-based paint inspections under NYC Local Law 1 of 2004 target child-occupied units annually. Second, Order to Repair or 7A program inspections follow up on prior violations.
Third, biennial Housing Maintenance inspections cover multi-family buildings. Fourth, DOB referral inspections address building code violations like illegal apartments. Each type focuses on habitability and safety.
A typical inspection checklist flags 15 common items, such as pest infestation, plumbing violations, or electrical violations. Landlords receive an NOV for any findings, with a set correction date. Checking violation history via HPD online helps track open violations.
Complaint-Based Reporting
Tenants file complaints via NYC 311, triggering HPD inspection within 3-15 days based on severity. This process give the power tos residents to report housing code violations like no heat or leaks. It leads to many open HPD violations if unaddressed.
The 311 process follows these steps:
- Call 311 or use the app to report the issue.
- Provide the BBL or house number for the property.
- Describe the violation with photos if possible.
- Receive a ticket number within 24 hours.
- Await HPD inspection, Class A in 24 hours or Class C in 21 days.
For example, a real 311 ticket might state "No heat - indoor temp 52 degreesF". This prompts a prompt HPD inspection. Tenants can track the service violation status online.
Landlords must correct findings to close the violation. Failure keeps it as an open violation, risking ECB violations or OATH hearings. Property owner responsibility includes timely violation correction.
Emergency Declarations
Emergency violations, known as Class A violations, trigger immediate HPD and DOB action including vacate orders when conditions threaten life or health. These hazardous violations demand fast response. Examples include severe heat or structural issues.
Seven key Class A triggers with response times are:
- No heat below 62 degreesF, response in 24 hours.
- Structural defects, immediate action.
- Lead paint hazards, 24 hours.
- Severe mold over 30 square feet, 24 hours.
- No hot water, 72 hours.
- Illegal occupancy like cellar apartments, immediate vacate.
- Fire safety violations, immediate.
The HPD Emergency Repair Program funds fixes for critical violations if landlords delay. This prevents substandard housing. Tenants facing these should file a 311 complaint right away.
Owners risk high violation fines or willful violation penalties for ignoring emergencies. Checking violation lookup tools shows open violations list. Proper response avoids order to correct or 7A proceedings.
Legal Implications of Open Violations
Open HPD violations create strict legal obligations for owners under NYC Housing Maintenance Code 27-2005 and Multiple Dwelling Law. Property owners must address these open violations promptly to avoid escalating consequences from the Housing Preservation Department (HPD). Failure to act can lead to daily fines and other enforcement actions.
Owners face daily fines, repair mandates, potential building liens, and tenant remedies like rent withholding. Unresolved HPD violations often trigger Environmental Control Board (ECB) hearings and even property seizure under the HPD 7A program. These measures aim to enforce the NYC housing code and protect tenants.
For example, an emergency violation such as a heat violation requires immediate correction, while a Class C violation like minor mold might allow more time. Owners should use HPD online tools for violation lookup and track status via the Building Information System (BIS). Consulting legal experts helps navigate these complex rules.
Practical steps include filing a certificate of correction and scheduling re-inspections. This ensures violation closure and prevents liens or vacate orders. Staying compliant maintains property value and avoids ECB violations at OATH hearings.
Owner Responsibilities
Owners must correct violations by specified deadlines, file certification within 21 days, and pass HPD re-inspection per HMC 27-2115. These duties apply to all NYC housing violations, from immediately hazardous issues to non-hazardous ones. Prompt action prevents further penalties.
Key legal duties include completing repairs by the NOV deadline and maintaining records for three years. Owners also need to notify tenants of corrections and handle HPD inspections. Use the violation search on HPD online to monitor open status.
- Complete repairs by NOV deadline, often 14 days for critical issues like pest infestation.
- File NOV-6 Certification of Correction within 21 days of repair.
- Schedule and pay for re-inspection, typically a $150 fee.
- Maintain records for 3 years to prove compliance.
- Notify tenants in writing of violation corrections.
Sample timeline: Violation on Day 0, repair by Day 14, certify by Day 21, reinspect by Day 35. For a plumbing violation, document all work to support the certificate. This process ensures violation dismissal and avoids repeat violations.
Penalties for Non-Compliance
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Non-compliance incurs $250-$2,000 initial fines plus $10-$25 daily continuing violations, totaling $150,000+ annually for severe cases. These HPD fines apply to Class A, B, and C violations under NYC Admin Code 27-2115. Willful or repeat violations face doubled penalties.
Fines escalate quickly for unresolved violations. Owners can appeal through the ECB process at OATH hearings. Tracking via violation history helps identify risks early.
| Violation Class | Initial Fine | Daily Fine | Max Penalty |
|---|---|---|---|
| Class A (e.g., lead paint violation) | $500-$2,000 | $25/day | $25,000 |
| Class B (e.g., hot water violation) | $250-$1,000 | $10/day | $15,000 |
| Class C (e.g., electrical violation) | $100-$250 | $2/day | $5,000 |
A willful violation multiplier doubles fines for intentional neglect, like ignoring a fire safety violation. Request a certificate of no violation after closure to clear records. Experts recommend budgeting for violation penalties during repairs.
Impact on Tenants' Rights
Open violations grant tenants rent reduction rights, warranty of habitability defenses, and 311 emergency repair access. These protections stem from tenant rights under NYC law against substandard housing. Tenants can file HPD complaints for issues like mold violations.
Key protections give the power to renters facing habitability violations. For rent-stabilized units, abatements address chronic problems. This balances landlord violations with tenant remedies.
- Rent Guidelines Board abatement: Up to full reduction for severe issues.
- Withhold rent via HP Action in Housing Court.
- Emergency Repair Program reimbursement for urgent fixes.
- Harassment protection against NYC tenant harassment tied to violations.
For example, DHCR Fact Sheet #4 outlines a 30% rent reduction for chronic heat violations. Tenants should check open violations list via 311 or HPD online before signing leases. This knowledge supports defenses in illegal apartment cases or C of O violations.
Timeline and Status Updates
HPD violations follow strict 21-45 day correction/certification timelines with automated status tracking via HPDonline. Day 0 marks when the NOV issues. Repairs must start within days 5 to 21 for most NYC housing violations.
By day 21, owners file certification or face status changes. Day 45 triggers re-inspection or HPD fines begin accruing. Status updates appear in real-time on HPDonline, helping track open HPD violation progress.
Missed deadlines often lead to ECB violations at the Environmental Control Board. Owners check violation status daily to avoid OATH hearings. Common issues like heat violations or mold violations demand quick action to close the status.
Building owners monitor for violation open alerts tied to rent stabilization or tenant rights. Chronic open violations can signal substandard housing. Regular checks prevent escalation to emergency levels.
Violation Issuance Process
HPD inspectors issue NOVs on-site using Mobile Data Terminal with photo documentation and specific code citations. This starts the HPD violation process after a 311 complaint or routine check.
- Inspection occurs 24 hours to 21 days from complaint for issues like pest infestation or plumbing violations.
- Document violation with photos showing housing code violation details.
- Issue NOV numbered like #ABC123456, citing Housing Maintenance Code sections.
- Post NOV visibly in the building for tenant awareness.
- Owner receives certified mail with correction orders.
- Enter details into HPDonline within 24 hours for public violation lookup.
- Generate ECB violation if uncorrected by deadlines.
A sample NOV format includes the number, class like Class B violation, description such as no hot water, and order to correct date. This ensures property owner responsibility is clear from the start.
What "Open" Status Means
"Open" status indicates violation posted over 21 days without filed certification or HPD re-inspection clearance. It flags unresolved issues on HPDonline for NYC property violations.
Four key open phases exist. First, fresh open under 21 days requires repairs for immediately hazardous conditions. Second, expired from 21 to 45 days means fines accrue on building violations.
Third, chronic over 90 days prompts ECB hearing risks. Fourth, critical beyond 180 days can lead to HPD 7A emergency actions like vacate orders. Use HPDonline filters to view open list by address.
To check status, search by NOV number or building. Open violations affect rent stabilization and tenant rights, often linked to illegal apartments or fire safety violations. Prompt fixes prevent violation fines growth.
Certification of Correction
Owners file NOV-6 Certification of Correction online within 21 days, triggering HPD's 20-business-day re-inspection scheduling. This closes the open violation if approved.
- Login to HPDonline at the portal.
- Enter exact violation number from NOV.
- Upload clear repair photos and receipts proving fixes, like for lead paint violations.
- Sign electronically as property owner.
- Pay the $150 re-inspection fee online.
- Schedule re-inspection within 20 days.
Common rejection reasons include missing photos or incomplete proof. Experts recommend detailed submissions for violation correction. Successful certification updates status to closed, avoiding civil penalties.
For complex cases like structural violations, include engineer reports. Track via violation tracking tools to confirm certificate of no violation. This step upholds building safety and habitability standards.
Correcting an Open HPD Violation
Correction requires specific repairs by code, photo documentation, timely NOV-6 certification, and passing HPD re-inspection. Landlords facing an open HPD violation must follow this path to close the issue and avoid fines. The process involves repairing the hazard, documenting every step, and scheduling a follow-up check by the NYC Housing Preservation Department.
Start with identifying the violation type, such as a heat violation or mold issue, using HPDonline or the violation lookup tool. Hire licensed contractors for repairs compliant with the Housing Maintenance Code. This ensures the fix meets standards for NYC housing violations.
After repairs, submit the NOV-6 form online with all proof. HPD then sets a re-inspection date. Success depends on complete documentation and access to the unit.
Common challenges include tenant denial of entry or incomplete fixes leading to repeat violations. Property owners should notify tenants 48 hours in advance. Closing the open violation restores compliance and protects against ECB penalties.
Required Repairs by Category
Each violation category mandates specific NYC Housing Code-compliant repairs with photo documentation requirements. Repairs must address the root cause of the HPD violation, like faulty boilers or pest entry points. Reference Housing Maintenance Code technical standards for exact specs.
| Violation | Repair Standard | Documentation |
|---|---|---|
| Heat | Boiler service + thermostat at 62 degreesF | Boiler receipt + room temp photo |
| Pests | Extermination + sealing entry points | Contract + before/after photos |
| Mold (>30sqft) | Source removal + encapsulation | Lab test + remediation cert |
| Plumbing | Licensed plumber repair | DOB filing + test cert |
For a heat violation, service the boiler and install a working thermostat. Pest issues need professional extermination and sealing cracks. Mold violations require source elimination, like fixing leaks, plus encapsulation.
Plumbing fixes demand a licensed pro and DOB approval for major work. Always check if it's a Class B violation or immediately hazardous. These steps ensure the repair passes HPD scrutiny.
Documentation and Filing
HPD requires 4-6 photos per violation plus licensed contractor receipts for NOV-6 certification approval. Photos must show the full context with timestamps and scale. This proves the open HPD violation is corrected.
- Before photos showing the violation, like mold on walls.
- Repair-in-progress shots, such as plumber at work.
- After photos confirming the fix, with tape measure for size.
- Contractor invoice, license, and material receipts.
- Manufacturer specs for items like electrical panels or plumbing parts.
Compose photos clearly: include the entire affected area, date stamp, and a ruler for scale in structural violation cases. File the NOV-6 online via HPDonline after repairs. Incomplete docs lead to denial and delays.
Keep digital copies organized by violation number. This supports violation correction and defends against OATH hearings. Tenants can verify progress through violation status checks.
Re-Inspection Procedures
HPD schedules re-inspection within 20 business days of NOV-6 filing for a fee, focusing on first-time passes. Owners select dates online and prepare unit access. The inspector compares fixes against the original NOV.
- Owner selects re-inspection date via HPDonline.
- Notify tenant 48 hours ahead for entry.
- Inspector verifies correction matches NOV details.
- Instant pass or fail decision on site.
- Status updates in HPDonline within 24 hours.
Prepare by reviewing the order to correct and ensuring all docs are ready. Common failures include partial repairs, like unsealed pest holes, or missing receipts. Dust or minor issues can trigger fails too.
Other pitfalls: no tenant access, unrelated new violations, or unapproved materials. If failed, refile NOV-6 after fixes. Passing closes the violation status and issues a certificate of no violation.
Consequences for Property Owners
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Uncorrected open HPD violations trigger escalating consequences: daily fines, emergency repairs, ECB hearings, liens, and potential property seizure. Property owners in NYC face serious financial and legal risks when HPD violations remain unresolved. Ignoring a building violation can lead to mounting costs that strain budgets and damage reputations.
The Housing Preservation Department prioritizes tenant safety through strict enforcement of the Housing Maintenance Code. Chronic violators with 10 or more open violations enter the Alternative Enforcement Program, facing 100% audit risk. Owners must track violation status closely to avoid this intense scrutiny.
Practical steps include regular HPD online checks via the Building Information System for violation lookup. Prompt violation correction before the correction date prevents escalation to critical violations like heat or mold issues. Owners who fix violations early often qualify for dismissal or a certificate of no violation.
Examples like pest infestation or plumbing violations show how small issues become habitability violations. Tenants can file 311 complaints, leading to HPD inspections and orders to correct. Property owners bear full property owner responsibility to maintain compliance.
Fines and Fees Structure
HPD/ECB fines total $250-$25,000 per HPD violation plus $2-$25 daily accrual rates based on class and willfulness. Class A violations, such as immediately hazardous conditions, carry the heaviest penalties. Owners must understand this structure to budget for violation fines.
Fines escalate over time, creating significant exposure for unresolved violations. The table below outlines key stages:
| Days Open | Fine Status | ECB Hearing | Max Exposure |
|---|---|---|---|
| 0-21 | Warning | None | $2,000 |
| 22-90 | Daily fines | Scheduled | $15,000 |
| 91-180 | Doubled rates | Mandatory | $50,000 |
| 181+ | Tripled + liens | Seizure risk | $150,000+ |
Willful or repeat violations increase rates further, especially for landlord violations like illegal apartments. Owners can pay via nyc.gov/finance to halt accrual. Checking violation history helps identify high-risk NYC housing violations.
To mitigate, schedule OATH hearings promptly and provide proof of correction. Common cases involve lead paint violations or fire safety violations. Early action preserves cash flow and avoids civil penalties.
Emergency Repair Program (ERP)
HPD's ERP performed 45,000 emergency repairs in 2023 costing owners $23M through direct billing and liens. When a Class A violation like a heat violation goes unaddressed within 48 hours, HPD steps in. This protects tenants from substandard housing while holding owners accountable.
The process follows clear steps:
- Class A emergency violation reported with no owner response in 48 hours.
- HPD contracts a licensed vendor for the repair.
- Bills owner at 125% of cost.
- Places a lien on property taxes.
- Collects via Finance Department.
Average costs include $2,500 for heat repairs and $1,800 for plumbing fixes. Liens take priority over mortgages, threatening financial stability. Owners should monitor open violations list to prevent ERP activation on issues like hot water or electrical violations.
Practical advice: Respond quickly to HPD complaints and vacate orders. Document all violation compliance efforts for potential disputes. This approach minimizes liens from structural violations or pest infestations.
Legal Actions and Liens
Chronic violators face ECB civil penalties, Housing Court orders, and 7A emergency receivership transferring property control to a receiver. Unpaid fines lead to liens that encumber titles. This escalation targets NYC property violations harming tenant rights.
The progression forms a strict ladder:
- ECB hearing for ECB violation.
- Default judgment if ignored.
- Property lien recorded.
- In Rem foreclosure proceedings.
- 7A receivership appointment.
In 2023, 1,200 buildings entered the HPD 7A program. A real case at 456 Driggs Ave saw $1.2M in liens result in receiver control. Owners lose management rights, with receivers handling repairs and rent collection.
To avoid this, pursue violation dismissal with evidence of fixes. Track violation tracking in BIS system for timely compliance. Rent-stabilized properties face extra scrutiny for habitability violations, including cellar apartments or no C of O issues.
Effects on Tenants and Renters
Open HPD violations trigger tenant protections including rent abatement, emergency repairs, and legal defenses against eviction. These safeguards apply when a landlord violation remains unresolved, such as a heat violation or mold violation. Tenants in NYC can use these rights to push for violation correction.
Rent-stabilized tenants often secure significant relief through Housing Court. For instance, courts have awarded abatements based on open Class B violations like pest infestations. This process holds property owners accountable under the Housing Maintenance Code.
Emergency protections extend to habitability violations, allowing tenants to seek repairs directly from the city. Legal defenses prevent evictions during violation open status. Tenants should check HPD online violation lookup for their building's status.
These rights give the power to renters facing substandard housing. Document issues with photos and 311 complaints to build a case. Consulting a tenant lawyer strengthens claims against NYC housing violations.
Rent Reduction Rights
Tenants receive automatic Rent Guidelines Board abatements: 20% for heat, 30% for hot water, 50%+ for hazardous conditions. These apply to open violations classified as Class A violations or Class B violations. Landlords must fix issues before rent returns to full amount.
| Violation | Reduction % | Legal Basis |
|---|---|---|
| Heat (below 62 degreesF) | 20-40% | RGB Order #52 |
| No hot water | 30-50% | DHCR Fact Sheet #4 |
| Pests | 15-30% | HMC 27-2017 |
| Mold | 25-60% | Local Law 55-2018 |
To claim abatements, tenants file an HP case in Housing Court. Start with a HPD complaint or violation search on the BIS system. Courts review the open violations list and order reductions until violation closed.
For a hot water violation, expect 30-50% off rent during the outage. Track the correction date via HPDonline. This process ensures property owner responsibility for building code violations.
Habitability Protections
NYC Warranty of Habitability (RPL 235-b) prohibits eviction and rent increases during open Class A/B violations. Tenants gain strong defenses against NYC tenant harassment. Courts uphold these rules in cases like structural or fire safety violations.
Key protections include:
- Constructive eviction defense, blocking non-payment evictions.
- Rent withholding authorization for unresolved issues.
- Emergency repair reimbursement from landlords or city funds.
- Harassment lawsuit options with penalties up to $10,000.
In 107-111 Columbia Heights v. HPD (2022), courts affirmed tenant rights amid emergency violations. Use this precedent for plumbing violations or electrical violations. File for a certificate of no violation once fixed.
Report HPD inspections findings promptly. These safeguards cover lead paint violations and more. Tenants should monitor violation status to enforce compliance.
Eviction and Withholding Rent
Tenants may withhold rent after 14-day notice and file HP action if violations impact habitability. This legal process targets immediately hazardous or critical violations. Courts often side with renters in these disputes.
Follow these steps for proper rent withholding:
- Send written 14-day notice to owner detailing the violation.
- Place withheld rent in escrow account.
- File HP case in Housing Court.
- Attend hearing where judge orders abatement or repairs.
A sample notice might state: "Due to the open HPD violation for pests (Class B), I am withholding rent until corrected." Escrow protects tenants from illegal eviction. In 2023, thousands of HP cases resulted in tenant wins.
Avoid risks by documenting everything, including order to repair. For rent stabilized units, combine with RGB protections. Seek violation dismissal only after true fixes.
Checking Violation Status
Property owners and tenants access real-time violation status via HPDonline and DOB BIS systems using BBL or address. These portals update within 24 hours of status changes. They help track open HPD violations and confirm corrections.
The Housing Preservation Department portal shows details on housing code violations like heat issues or pest infestations. Meanwhile, the Department of Buildings BIS system covers building code violations such as electrical problems. Both tools aid in violation tracking for landlords and tenants.
Owners check for unresolved violations before sales or repairs. Tenants verify landlord violations to protect tenant rights. Regular searches prevent fines from repeat violations.
Use these systems for violation lookup on issues like mold or no certificate of occupancy. They list open, closed, or dismissed items. This supports property owner responsibility in fixing violations.
Using HPD Online Portal
HPDonline.nyc.gov provides instant violation lookup by BBL (Borough-Block-Lot), house number, or owner name. It displays the full open violations list with classes like A, B, or C. Users see violation status for immediate or non-hazardous issues.
Follow these steps for a search:
- Visit hpdonline.nyc.gov.
- Enter BBL in format like 123456789.
- View open/closed violations list.
- Click NOV # for details and photos.
- Download PDF for records.
For example, BBL 10029/00123/0045 shows 3 open Class B violations, such as plumbing issues. Photos help assess violation correction needs. This tool tracks emergency or critical violations effectively.
Tenants use it to monitor HPD complaints from 311 calls. Owners confirm correction dates to avoid HPD fines. It supports compliance with Housing Maintenance Code.
Requesting Records
FOIL requests yield complete violation history including dismissed violations for $0.25/page (avg $15 total). Email foihpd@nyc.gov with BBL or owner name. Expect a PDF packet in 7-14 days covering NOVs from 1980 to present.
Here is the process:
- Send email to foihpd@nyc.gov with property details.
- Receive violation history packet.
- Review all HPD violations, orders to correct, or vacate orders.
- Note ECB violations need separate requests for OATH hearings.
A pro tip: Request 5-year history for sales due diligence. It reveals patterns in repeat violations or willful issues. This helps buyers spot substandard housing risks.
Records include details on Class C hazardous violations like structural problems or lead paint. Tenants use them for rent stabilization disputes. Owners prove violation dismissal for certificate of no violation.
Class A, B, and C Violations Explained
HPD classifies violations by hazard level: Class A (immediately hazardous), Class B (hazardous), Class C (non-hazardous) determining fines, timelines, and tenant remedies. This system helps prioritize NYC HPD inspections for the most serious building safety threats first. Classification guides property owner responsibility to fix violations quickly.
Class A violations demand the fastest action due to imminent risks to life and health. Class B issues allow slightly more time but still require prompt violation correction. Class C violations focus on long-term code compliance without urgent danger.
Landlords face escalating HPD fines based on class, plus daily penalties for open violations. Tenants can use violation status in rent stabilized disputes or HPD 7A actions. Checking HPD online or BIS system reveals open violation lists and correction dates.
Understanding these classes give the power tos tenants to file 311 complaints and protects against NYC tenant harassment. Property owners must address emergency violations to avoid vacate orders or ECB violations at OATH hearings. Proper classification ensures fair enforcement of the Housing Maintenance Code.
Class A: Immediately Hazardous
Class A violations pose imminent danger to life and health requiring correction within 24-72 hours. These emergency violations trigger immediate HPD action, often with orders to vacate or repair. Tenants should report such issues via 311 for priority response.
Common examples include no heat below 62 degreesF (24 hours to fix), structural defects (immediate action), and lead hazards (24 hours). Blocked fire escapes demand instant clearance, while illegal cellar apartments lead to vacate orders due to no certificate of occupancy. Pest infestations turning severe also fall here.
- No heat in winter: 24 hours.
- Structural defects threatening collapse: immediate.
- Lead paint violations: 24 hours.
- Illegal cellar apartment: vacate order.
- Blocked fire escapes: immediate.
- Exposed wiring posing shock risk: 24 hours.
- Severe mold violations affecting breathing: 24 hours.
- No hot water over 48 hours: 24 hours.
- Leaking gas lines: immediate.
- Broken stairs without railings: 24 hours.
- Flooding from plumbing failures: 24 hours.
- Window falls risk in high-rises: immediate.
Fines range from $500 to $2,000 plus $25 per day until corrected, per HMC 27-2005(a)(45)-(58). Willful or repeat Class A violations increase civil penalties. Owners must obtain a violation certificate or certificate of no violation after fixes.
Class B: Hazardous
Class B violations present significant health and safety risks requiring correction within 15-30 days. These hazardous violations prompt scheduled HPD inspections but less urgency than Class A. Tenants gain leverage for rent abatement under habitability laws.
Typical issues include pest infestation (21 days to eradicate), no hot water (3 days), and leaking roofs (30 days). Inadequate ventilation needs fixes in 30 days, while defective wiring requires attention in 21 days. Plumbing leaks and moderate mold also qualify.
- Pest infestation like rats: 21 days, repair costs $500-$2,000.
- No hot water: 3 days, boiler fix around $1,000-$3,000.
- Leaking roof: 30 days, patching $2,000-$5,000.
- Inadequate ventilation: 30 days, vent install $300-$800.
- Defective wiring: 21 days, rewiring $1,500-$4,000.
- Moderate plumbing leaks: 21 days, pipe repair $400-$1,200.
- Broken windows exposing elements: 21 days, replacement $200-$600.
- Clogged drains causing backups: 14 days, clearing $150-$500.
Fines are $250 to $1,000 plus $10 daily, with ECB violations for non-compliance. Owners track progress via violation lookup to avoid OATH hearings. Timely repairs prevent escalation to critical violations.
Class C: Non-Hazardous
Class C violations involve code compliance without immediate danger, corrected within 90 days. These non-hazardous violations address maintenance issues that accumulate into bigger problems if ignored. They rarely lead to vacate orders but impact violation history.
Examples cover peeling paint (21 days), missing light fixtures (30 days), and floor defects (90 days). Missing window guards need 21-day fixes for child safety, while mailbox issues require 30 days. Graffiti and minor cracks also apply.
- Peeling paint: 21 days.
- Missing light fixtures: 30 days.
- Floor defects like loose tiles: 90 days.
- Missing window guards: 21 days.
- Mailbox or lock issues: 30 days.
- Broken door hardware: 30 days.
- Minor cracks in walls: 90 days.
- Inadequate garbage disposal: 30 days.
- Faded address numbers: 30 days.
- Loose handrails: 60 days.
Fines range from $100 to $250 plus $2 daily, leading to ECB violations if unresolved. Landlords use violation dismissal after HPD reinspection. Tenants monitor open violations to enforce tenant rights in rent stabilization cases.
Frequently Asked Questions
What Does an Open HPD Violation Mean?
An open HPD violation refers to a building code or housing violation issued by the New York City Department of Housing Preservation and Development (HPD) that remains unresolved or uncorrected. It indicates that the property owner has not addressed the cited issue, such as structural defects, plumbing problems, or safety hazards, and the violation is still active on record.
What causes an open HPD violation to stay open?
An open HPD violation stays open when the property owner fails to make the required repairs within the specified timeframe, does not obtain necessary certifications from licensed professionals, or neglects to file the proper documentation with HPD to dismiss the violation after fixes are completed.
What are the consequences of having an open HPD violation?
Consequences of an open HPD violation can include accumulating daily fines for the property owner, restrictions on selling or refinancing the property, potential emergency repairs ordered by HPD at the owner's expense, habitability issues for tenants, and negative impacts on the building's overall compliance status.
How can I check if there's an open HPD violation on my property?
To check for an open HPD violation, visit the NYC HPD website's Building Information System (BIS), enter the property's address or Block and Lot (BORO, BLOCK, LOT), and review the violations tab for any active or open status listings associated with "What Does an Open HPD Violation Mean?" queries.
How do I resolve or close an open HPD violation?
To resolve an open HPD violation, identify the specific violation via HPD's online portal, complete the necessary repairs using licensed contractors if required, submit proof of correction such as photos, affidavits, or inspection reports through HPD's online system or in person, and wait for HPD approval to change the status from open to closed.
Who is responsible for fixing an open HPD violation?
The property owner or landlord is primarily responsible for fixing an open HPD violation, as they are legally obligated to maintain habitable conditions. Tenants can report issues but cannot directly resolve violations; however, they may request HPD intervention if the owner fails to act.