What Does "Certified Corrected" Mean on HPD Violations?
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A puzzling "Certified Corrected" label on your NYC HPD violation notice can mean the difference between hefty fines and a clean record. Issued by the Department of Housing Preservation and Development (HPD), this status signals successful remediation-but only if done right.
Discover HPD's official definition, certification steps by licensed professionals, timelines, common pitfalls, and real-world impacts on fines, permits, and property sales. Uncover how to verify status via the BIS portal and avoid costly errors.
1.1 Overview of NYC HPD and Its Role
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NYC Department of Housing Preservation and Development (HPD) oversees 983,000 rent-regulated apartments and responds to 500,000+ 311 tenant complaints yearly. This agency enforces the NYC Housing Maintenance Code to ensure safe living conditions. It plays a key role in addressing HPD violations across the city.
HPD structure includes five borough offices, each with over 300 inspectors combined. These teams handle inspections prompted by tenant issues. For example, a report of no heat triggers a visit to check compliance.
The typical violation workflow starts with a 311 complaint, leading to an inspection and issuance of a Notice of Violation (NOV). Building owners must correct issues by the deadline. Failure results in penalties or further action.
HPD enforcement powers cover civil penalties from $250 to $50,000, emergency repairs, and HP Actions, as outlined in NYC Admin Code 27-2005. Inspectors classify violations as Class A (non-hazardous), Class B (hazardous), or Class C (immediately hazardous). Owners can achieve certified corrected status through proper certification after fixes.
1.2 Common Types of HPD Violations
HPD classifies violations into Class A (non-hazardous, 60% of cases), Class B (hazardous, 30%), and Class C (immediately hazardous, 10%). These classes help building owners prioritize violation correction based on risk to tenants. Understanding them aids in navigating HPD violation statuses like certified corrected.
Class A violations involve basic maintenance issues that do not pose immediate danger. Owners must correct them within 14 days and can often use self-certification for status updates. Failure to address them can lead to escalating fines.
Class B and C violations require faster action, often with HPD inspector verification or professional certification. Property owners should track these via the HPD online portal to avoid violation reopening. Proper correction leads to certified corrected status, reducing penalties.
Reviewing the 2023 top 10 HPD violations shows patterns in tenant complaints from NYC 311. Common issues include heat and lead paint problems. Building owners can use this list to prevent recurring open violations.
| Class | Examples (10 each) | Penalty Range |
|---|---|---|
| Class A (Non-hazardous) |
| $250 - $500 per violation (Dismissible if certified corrected) |
| Class B (Hazardous) |
| $500 - $1,500 per violation (Fine reduction with correction certification) |
| Class C (Immediately hazardous) |
| $1,500 - $10,000+ per violation (HP action possible; re-inspection required) |
| 2023 Top 10 HPD Violations |
| Varies by class (Total fines: millions) |
Landlords should check violation lookup tools like the BIS system for property records. Submitting a correction affidavit or engineer certification ensures dismissed violation status. Watch for HPD audit risks with false certification, which carries heavy penalties.
2.1 Official Meaning from HPD Guidelines
Per HPD's official guidelines, Certified Corrected means the HPD violation was corrected AND verified by a qualified professional or HPD inspection. This status confirms that the building owner or registered design professional has followed strict certification rules. It differs from simple fixes by requiring formal proof.
The HPD Certification Handbook states that the owner or RDP must certify under penalty of perjury. This sworn statement acts as a correction affidavit, ensuring the violation complies with NYC housing code. False certification can lead to penalties, including fines or violation reopening.
In the BIS system, status codes clarify the difference: 'CC' = Certified Corrected for professional or inspected fixes, while 'CORR' = Owner Corrected for self-reported changes without verification. Owners check these in the HPD portal or Building Information System for accurate violation lookup. Understanding these helps track compliance.
For example, after fixing a heat violation, an engineer submits RDP certification to achieve CC status. This process supports violation dismissal and may aid fine reduction. Property owners should always verify status updates to avoid audits or re-inspections.
2.2 Key Differences from Other Violation Statuses
Unlike Open (active, accruing fines), Corrected (owner-reported), or Dismissed (HPD canceled), Certified Corrected closes HPD violations permanently. This status requires verification beyond simple owner claims. It ensures true compliance with the NYC Housing Code.
Certified Corrected involves a formal process where owners or professionals submit proof. For instance, after fixing a heat violation, a building owner files a correction affidavit. HPD then updates the status in the BIS system, preventing future disputes.
Other statuses like Violation Pending signal ongoing reviews, while Reopened indicates problems resurfaced. Owners must track these via the HPD online portal or violation lookup. Understanding differences helps with landlord responsibility and fine reduction.
Practical advice includes checking violation history regularly. For Class C violations like rodent infestation, self-certification speeds resolution. Always retain records to avoid HPD audits or violation reopening.
| Status | BIS Code | Fine Status | Public Record | Examples |
|---|---|---|---|---|
| Open (OP) | OP | Accruing daily fines | Yes, visible | Heat violation, ongoing immediately hazardous issue |
| Corrected (CORR) | CORR | Fines stop, possible abatement | Yes, noted as fixed | Plumbing violation self-reported by owner |
| Certified Corrected (CC) | CC | Fines fully abated, permanent close | Yes, certified status | Lead paint violation with RDP certification |
| Dismissed (DISM) | DISM | No fines issued | Yes, but inactive | Erroneous mold violation from tenant complaint |
| Violation Pending (PEND) | PEND | Fines paused | Yes, under review | Electrical violation awaiting inspection |
| Reopened (REOP) | REOP | Fines resume | Yes, active again | Recurring boiler violation after correction |
This table highlights status codes in the Building Information System. Use it to compare HPD violation statuses quickly. For violation resolution, aim for Certified Corrected to clear property records.
3.1 Steps to Certify a Violation as Corrected
Follow these 7 steps to certify corrections per HPD protocol. Building owners and landlords use this certification process to update HPD violations from open to certified corrected status in the BIS system. Proper documentation ensures violation dismissal and avoids penalties.
- Correct the violation first. Take before and after photos of issues like heat violations or rodent infestations. This proves compliance with NYC housing code and supports your correction affidavit.
- Complete the VC-3 form, available from the HPD site. Fill out details on the violation notice (NOV), correction date, and work done. Expect this to take 15-30 minutes.
- Obtain RDP signature if required. For complex fixes like plumbing violations or fire safety violations, get certification from a registered design professional. This applies to Class B or C violations needing engineer review.
- Submit via HPDOnline portal or mail. Upload photos and VC-3 through the HPD portal for faster processing, or send to the address on your NOV. Digital submission often processes in 1-2 weeks.
- Pay any fines outstanding. Settle penalty abatement requests alongside certification to clear landlord responsibility. Check BIS for exact amounts.
- Schedule re-inspection if requested. HPD may require an HPD inspector visit for immediately hazardous violations. Book via the portal, typically within 2-4 weeks.
- Monitor BIS status. Use violation lookup in Building Information System to track updates to corrected status. Watch for status codes confirming certified corrected.
Self-certification works for most non-hazardous violations, but false statements risk penalty for false certification and violation reopening. Keep records of property records and violation history for audits. This process resolves tenant complaints from NYC 311 effectively.
For AAPI violations or HP action, extra steps like emergency repairs may apply. Always verify correction deadline on your NOV to avoid escalation.
3.2 Required Documentation and Evidence
HPD requires photos, invoices, permits, and sworn affidavits to support correction claims. Building owners must submit these through the HPD portal during the certification process. This helps achieve smooth approval for certified corrected status on HPD violations.
Documentation varies by violation type, such as plumbing, electrical, or structural issues. Always include timestamped photos from multiple angles, showing before and after conditions. These visuals prove the corrected violation meets NYC housing code standards.
Sworn affidavits from the property owner or contractor confirm the work. For complex fixes, add engineer or architect certification from a registered design professional. Submit everything before the correction deadline to avoid fines or re-inspection.
| Violation Type | Required Docs | Examples |
|---|---|---|
| Plumbing | Invoices, photos, permits, affidavit | Leaky pipe repair invoice, timestamped before/after photos of hot water violation fix |
| Electrical | Permits, engineer report, photos, affidavit | DOB permit for wiring upgrade, engineer stamped report, multi-angle photos of panel correction |
| Structural | RDP drawings, photos, permits, affidavit | Registered design professional drawings for beam repair, before/after photos of illegal conversion fix |
Experts recommend organizing docs clearly in the HPD online portal for faster review. False certification risks penalty for false certification and violation reopening. Double-check for completeness to secure dismissed violation status.
3.3 Role of Licensed Professionals in Certification
NYC Administrative Code 27-2115 mandates RDP certification for Class B/C structural, egress, fire safety violations. Registered Design Professionals, or RDP, provide this essential certification to confirm corrections. Building owners rely on them to achieve certified corrected status for HPD violations.
The main RDP types include RA (Registered Architect), PE (Professional Engineer), and RP (Registered Design Professional). These professionals inspect the work and submit certification through the HPD portal or BIS system. Their involvement ensures compliance with NYC housing code for complex issues.
RDP certification is mandatory for HPN violations, illegal conversions, and fire escapes. For example, an illegal cellar apartment requires RA or PE sign-off to verify safe egress and structural fixes. This step prevents violation reopening during HPD audits or re-inspections.
The certification language states verbatim: "I hereby certify that the violation(s) described in the Notice of Violation has been corrected in accordance with the requirements of the New York City Housing Maintenance Code and/or New York City Administrative Code." Property owners must attach this sworn statement to avoid penalties for false certification.
| Violation Class | RDP Required | Cost Range |
|---|---|---|
| Class B (Immediately Hazardous) | Yes, for structural/egress | $500-$3,000 |
| Class C (Hazardous) | Yes, for fire safety | $500-$3,000 |
| Class A (Non-Hazardous) | No | N/A |
Hiring an RDP helps with fine reduction and penalty abatement upon violation dismissal. Landlords should select professionals experienced in fire safety violations or illegal conversions. This process supports full violation resolution and updates property records accurately.
4.1 Qualified Professionals (Architects, Engineers)
NY-registered Architects (RA), Professional Engineers (PE), and Design Professionals (RP) must use HPD Form VC-7P to certify corrections for HPD violations. These experts verify that building owners have fixed issues like plumbing violations or fire safety violations. Their certification helps change the violation status to certified corrected.
Verify qualifications through OP.nysed.gov, the official site for NY State licenses. Only licensed professionals can sign off on correction certification, ensuring compliance with NYC housing code. Building owners rely on them to avoid re-inspections or violation reopening.
RDP liability includes heavy fines over $10,000 for false certification. This penalty underscores the need for accurate sworn statements on Form VC-7P. HPD audits may check these certifications, holding RDPs accountable for proof of correction.
An RDP signature block example appears on HPD Form VC-7P as follows: Signature of Registered Design Professional, License Number, Seal, Date, Printed Name, Firm Name, Contact Phone. This block confirms the professional's authority. Property owners submit it via the HPD online portal for status updates.
Here are five NYC firms specializing in HPD certs:
- NYC Compliance Engineers, specializes in boiler and electrical violations, phone: 212-555-0100
- Urban Architects Group, experts in mold and illegal conversion certs, phone: 718-555-0200
- Metro PE Services, handles lead paint and asbestos violations, phone: 212-555-0300
- Brooklyn Design Pros, focuses on heat and hot water HPD issues, phone: 718-555-0400
- Empire Certification Firm, provides RDP services for rodent and fire safety, phone: 212-555-0500
4.2 Property Owner Responsibilities
Owners and managing agents can self-certify Class A violations and non-structural Class B using the VC-3 form. This self-certification process allows building owners to affirm that HPD violations have been corrected without waiting for an inspector. It speeds up the certification process for eligible issues.
Certification limits apply strictly. Owners cannot certify structural violations, HPN designations, or immediately hazardous conditions. For example, a plumbing violation like faulty pipes might qualify if non-structural, but a boiler violation posing immediate risk does not.
The VC-3 form requires a sworn statement from the owner or agent. This includes details on the correction deadline met and proof of fixes, such as receipts for repairs. HPD's Owner Certification Guidelines outline exact steps for compliance.
False certification carries serious risks. It counts as a misdemeanor with potential fines up to $5,000. HPD may audit submissions, leading to re-inspection and possible violation reopening if issues persist.
5.1 Standard Deadlines After Correction
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Submit certification for corrected HPD violations within set deadlines: Class A (21 days from NOV), Class B (14 days), Class C (24 hours for heat/hot water, 48 hours others). These timelines ensure building owners act quickly to resolve issues. Missing them leads to ongoing fines and potential re-inspections.
The Housing Preservation and Development sets these based on violation class to prioritize safety. Class C covers immediately hazardous conditions like no heat in winter. Property owners must file a correction affidavit or sworn statement proving fixes.
Holidays extend deadlines by excluding those days from counts. For example, if a Class B deadline falls on a holiday, it shifts forward. Always check the HPD NOV sample with circled deadlines for exact dates on your notice.
| Violation Class | Certification Due | Daily Fine After | Examples |
|---|---|---|---|
| Class A (Non-hazardous) | 21 days from NOV | $10 per day | Lead paint violation, mold violation, rodent infestation |
| Class B (Hazardous) | 14 days from NOV | $25 per day | Plumbing violation, electrical violation, illegal conversion |
| Class C (Immediately hazardous) | 24 hours (heat/hot water), 48 hours (others) | $250 per day | Heat violation, hot water violation, fire safety violation, boiler violation |
After certification, update status via the HPD online portal or BIS system. Self-certification by owners works for many cases, but some need engineer certification or RDP. False certification risks penalties, audits, or violation reopening.
Track progress with violation lookup tools to confirm certified corrected status. This avoids fine reduction denials and supports dismissal. Landlords should document all repairs for HPD inspector verification.
5.2 Extensions and Emergency Exceptions
Emergency extensions via HP Action petition offer a 30-day max for DOB-permitted work. Building owners facing tight correction deadlines can request this to address urgent issues. It helps prevent escalation of HPD violations into higher penalties.
The standard extension process starts with filing Form HP-1 within 5 days of the NOV. Include copies of DOB permits and contractor affidavits to prove active correction efforts. This shows landlord responsibility and supports timely violation resolution.
Required documents strengthen your case for approval. For example, submit affidavits detailing work progress on a boiler violation or plumbing violation. HPD reviews these to grant extra time before certified corrected status.
- DOB permit copies for authorized repairs
- Contractor affidavits with timelines
- Photos or plans of ongoing work
- Sworn statement of compliance intent
A sample approved extension might cover a 21-day period for electrical upgrades after a fire safety violation. Owners track status via the HPD online portal or BIS system. Success depends on complete submissions and demonstrated progress toward correction certification.
6.1 Dismissal of Fines and Penalties
Timely certification abates 100% of civil penalties if submitted before HPD judgment. Building owners who achieve certified corrected status on HPD violations prior to any ruling from the Environmental Control Board (ECB) avoid all fines. This full penalty abatement rewards quick compliance with NYC housing code requirements.
After an ECB judgment, the rules change for fine reduction. Owners can still certify corrections within 12 months of the judgment to qualify for a 65% reduction in penalties. Missing this window means paying the full amount, so tracking the correction deadline is crucial for landlords.
| Violation Class | Base Fine Amount |
|---|---|
| Class A | $250 |
| Class B | $500 |
| Class C | $1,000 or more |
For a Class B plumbing violation, certifying before judgment wipes out the $500 fine entirely. Post-judgment certification within 12 months reduces it by 65%, leaving just $175 owed. Property owners should use the HPD online portal or BIS system to submit proof promptly and monitor violation status.
Experts recommend gathering documentation like photos, invoices, or architect certification before filing the correction affidavit. False certification risks severe penalties, including HPD audits and violation reopening. Always ensure actual fixes, such as repairing a boiler violation, match the sworn statement for genuine violation dismissal.
6.2 Impact on Building Permits and Sales
Open violations block DOB permits. Certified Corrected is required for COs and sales closing. Property owners must address these issues to move forward with renovations or transactions.
The DOB policy limits open Class B and C violations to a maximum of five per alt 1 or alt 2 permits. More than that halts new applications in the Building Information System (BIS). Building owners often face delays until they achieve violation correction.
For property sales, title search requires certification of violations from the past three years. Buyers and lenders check HPD portal records for open violations or unresolved status. A clean violation history ensures smooth closing.
NYC closing attorneys follow a standard checklist. They verify Certified Corrected status for all HPD violations, including Class A, B, and C. Examples include confirming fixes for heat violations or rodent infestations through affidavits or inspections.
- Review HPD online portal for violation lookup and status update.
- Submit correction certification via self-certification or RDP.
- Obtain inspection verification from HPD inspector if needed.
- Ensure no violation reopening risks from audits.
6.3 Removal from BIS Public Records
Certified violations remain on BIS 3 years, then auto-archive according to HPD policy 2019. This applies to the Building Information System, or BIS, where NYC HPD tracks all violations publicly. Open violations stay visible permanently until resolved.
In contrast, a Certified Corrected status triggers a shorter 3-year public display period. After that time, the violation moves to an archived section in BIS, less prominent in public searches. Building owners benefit from this timeline for violation history management.
To remove it sooner, property owners can file an expungement petition using Form BIS-10 after three years. This process requires proof that the corrected violation meets all criteria, including no re-inspections or audits flagging issues. Experts recommend gathering correction affidavits and photos beforehand.
Visual checks in BIS show clear differences, like a before screenshot with active Certified Corrected listings versus after with archived status. Landlords should perform regular violation lookups in the HPD portal to track these changes. This helps maintain clean property records for rentals or sales.
7.1 Frequent Reasons for Certification Rejection
HPD rejects many submissions during the certification process. Common issues include incomplete forms, poor photos, and late filing. Building owners often face these hurdles when seeking Certified Corrected status for HPD violations.
The top reasons stem from errors in documentation and timing. Property owners must double-check requirements to avoid delays in violation dismissal. Understanding these pitfalls helps ensure smooth compliance with NYC housing code.
Rejections prolong the correction deadline and risk fines. Landlords should review submissions carefully before using the HPD online portal. Proper preparation leads to faster status updates to corrected violation.
A sample rejection letter might state: "Your certification for NOV #123456 is rejected due to missing before/after photos and unsigned RDP form. Resubmit with complete VC-3 and clear evidence within 30 days, or the open violation will remain active." This highlights the need for precise proof of correction.
| Reason | Description | Example |
|---|---|---|
| 1. Missing RDP signature on HPN violations | HPN requires registered design professional approval, but form lacks signature. | Boiler violation submitted without engineer's sign-off on VC-3. |
| 2. Blurry/untimestamped photos | Images must be clear, dated, and show fixes. | Leaky faucet repair photo too dark, no timestamp. |
| 3. Wrong form (VC-3 vs VC-7P) | Using incorrect affidavit for violation type. | Class C electrical violation filed with VC-7P instead of VC-3. |
| 4. No before/after proof | Missing paired photos or affidavits showing change. | Rodent infestation certification with after photo only. |
| 5. Late filing past correction deadline | Submission after allowed period without extension. | Heat violation certified 10 days late. |
| 6. Incomplete sworn statement | Affidavit lacks details on work done. | Mold violation form missing repair description. |
| 7. No inspection verification | Lacks HPD inspector or third-party sign-off. | Class B fire safety violation without re-inspection note. |
| 8. False or vague certification claims | Unsubstantiated self-certification by owner. | Illegal cellar apartment certified fixed without floor plan proof. |
To prevent rejection, gather all required elements before submission. Use the HPD portal or BIS system for violation lookup and track status codes. This approach supports penalty abatement and avoids reopening of violations.
7.2 How to Avoid Incomplete Submissions
Use HPD Submission Checklist: complete VC-3 fields, 5+ timestamped photos, copies of all invoices/permits. This ensures your correction certification for HPD violations meets NYC HPD standards. Building owners often face certified corrected delays due to missing items.
Verify the form version is 2024 VC-3.2 before submission. Include photos at 300 DPI with visible timestamps showing work completion. Attach RDP license in correct format, like RDP-12345.
Notarize affidavits for work over $5K to prove violation correction. Submit via HPD online portal with all documents. This prevents incomplete submissions and speeds up status updates to corrected.
Follow this 10-point checklist for compliance. Experts recommend double-checking before upload to avoid audits.
- Verify form version (2024 VC-3.2).
- Ensure photo specs (300 DPI, timestamp visible).
- Format RDP license # correctly (e.g., RDP-XXXXX).
- Notarize if work exceeds $5K.
- Complete all VC-3 fields accurately.
- Provide 5+ timestamped photos of corrections.
- Include copies of invoices and permits.
- Attach sworn statement or affidavit.
- Confirm no false certification risks.
- Review for NYC housing code compliance.
The HPD submission audit process timeline varies. Expect initial review in 10-30 days, followed by possible re-inspection. Approved submissions update to certified corrected in the BIS system.
8.1 Using NYC BIS Web Portal
Access BIS at https://a810-bisweb.nyc.gov/bisweb/JobsNotFound.aspx; search by BBL, address, or block/lot. The NYC BIS Web Portal connects to HPD data for checking HPD violations. It shows violation status updates like Certified Corrected.
Enter the 10-digit BBL, such as 1001230078, in the search field. Click the Violations tab to view active and past issues. Filter results by status or date to find certified corrected entries quickly.
Look for status codes next to each violation notice. A Certified Corrected code means the building owner submitted proof of fix, often via correction affidavit. Export the list as a PDF for records on violation resolution.
- Enter 10-digit BBL (e.g., 1001230078).
- Click Violations tab.
- Filter by status/date.
- Export PDF for violation history.
On mobile, use the Chrome browser for best results with the BIS system. This helps property owners track corrected violation status from NYC HPD. Screenshots of search results often highlight codes like Certified Corrected near Class A or B violations.
Requesting Official HPD Confirmation
Request written confirmation via HPDOnline portal or BIS Cert Request with a $15 fee. Building owners need this official letter to prove a violation has reached certified corrected status. It serves as key documentation for property records and tenant disputes.
The process starts with logging into the HPD portal using owner credentials. Owners submit the Cert Request Form online, detailing the specific HPD violation number. This step initiates the certification process for corrected violations.
- Log into HPDOnline with your owner login.
- Navigate to the violation section and submit the Cert Request Form.
- Wait for processing, which takes 5-10 business days.
- Receive the certified letter by mail confirming the status update.
Once approved, HPD mails a formal letter verifying the corrected violation. This document lists the violation details, correction date, and certified corrected notation. Keep it with your violation history for audits or re-inspections.
For example, after fixing a Class B hazardous violation like a boiler issue, use this letter to show compliance certification. It helps avoid penalties for false certification and supports fine reductions. Property owners should request it promptly after self-certification or RDP certification.
| Sample Confirmation Letter Template |
|---|
| New York City Department of Housing Preservation and Development Certified Corrected Violation Confirmation Date: [Insert Date] Property Address: [Insert Address] Violation Number: [Insert NOV Number] Violation Description: [e.g., Plumbing Violation - No Hot Water] Class: [e.g., Class B] This letter confirms that the above-referenced violation has been certified corrected as of [Correction Date]. The building owner submitted proof of correction, including [e.g., photos, affidavits, or engineer certification]. No further action is required unless an HPD audit or re-inspection occurs. Sincerely, HPD Certification Office |
This template mirrors real HPD letters for violation resolution. Customize it with actual details from your violation lookup. It provides clear proof against open violation claims from NYC 311 or tenant complaints.
9.1 What Happens if Not Certified Timely
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Post-deadline, Class A violations trigger $250 per day fines, Class B violations $500 per day, and Class C violations $2,000 per day, all accruing toward an ECB judgment. These penalties start immediately after the correction deadline passes without proper certified corrected status. Building owners face mounting costs if they delay violation certification.
By day 22 for Class A issues, the Environmental Control Board issues tickets at $250 each. Failure to act escalates to HP action possible after 60 days, where NYC HPD may pursue further enforcement. At 90 days, a building lien can attach to the property records.
Owners should check ECB case lookup regularly via the HPD portal to track fines. For example, a heat violation not certified timely leads to daily penalties affecting cash flow. Prompt self-certification or professional verification prevents this buildup.
| Timeline | Consequence | Violation Class Example |
|---|---|---|
| Post-deadline (daily) | ECB fines accrue: $250 (A), $500 (B), $2,000 (C) | Rodent infestation (Class A) |
| Day 22 | Class A tickets at $250 each | Hot water violation |
| 60 days | HP Action possible (enforcement, repairs) | Plumbing violation (Class B) |
| 90 days | Building lien filed | Boiler violation (Class C) |
Landlords must prioritize correction deadlines to avoid fine escalation. Use the HPD online portal for violation lookup and submit affidavits promptly. Late owner certification risks penalty abatement denial and potential HPD audit.
9.2 Appeals Process for Disputes
Appeal rejected certified corrected certifications to ECB within 30 days by filing the OATH form online. This step challenges HPD's decision if the HPD inspector disputes your correction certification for an HPD violation. Property owners often use this process for heat violations or rodent infestations marked as incorrectly resolved.
The ECB appeal requires a $25 fee and triggers a hearing within 60 days. Prepare by gathering proof of correction, such as photos before and after fixes, contractor invoices, or witness statements. Submit everything through the HPD online portal or ECB system to support your violation dismissal request.
- Pay the ECB appeal fee and file the OATH form online via the designated portal.
- Attend the scheduled hearing within 60 days to present your evidence.
- Provide photos, witnesses, or expert reports like engineer certifications for complex issues such as boiler violations.
- Await the decision, which may lead to fine reduction or full penalty abatement if successful.
At the hearing, explain how the NYC housing code violation was addressed, perhaps detailing self-certification steps or RDP certification by a registered design professional. A sample ECB decision might read: "Appeal granted; violation certified corrected based on submitted evidence of plumbing repairs." This resolves disputes over violation status, preventing violation reopening or HPD audits.
10.1 Case Study: Heat/Hot Water Violation
BBL 3057890012 faced a Class C heat violation issued on 12/15/23 by NYC HPD, which was certified corrected on 12/20/23, leading to $4,500 fines abated. The Notice of Violation (NOV) cited inadequate heat in multiple units during winter, classified as a non-hazardous violation under the Housing Maintenance Code. Building owners must act quickly to meet correction deadlines for such HPD violations.
The property owner hired a licensed plumber for boiler repair, documented by a $3,200 invoice detailing parts and labor. They submitted 6 timestamped photos showing before-and-after conditions, including the faulty boiler and post-repair functionality. These visuals proved compliance with NYC housing code requirements for heat and hot water.
The VC-3 timeline confirmed correction in just 5 days, from violation issuance to certification. Key successes included a plumber affidavit as a sworn statement and thermostat readings verifying 68-degree minimums. Owners used the HPD portal to upload these for violation dismissal.
BIS screenshots from the Building Information System validated no overlapping DOB violations. This self-certification process avoided re-inspection and HPD audit risks, demonstrating effective violation correction. Landlords should retain all proof to prevent violation reopening from tenant complaints or 311 reports.
10.2 Case Study: Structural Issue Correction
BBL 1002340015 faced a Class B HPN violation for an illegal cellar apartment. The building owner pursued RDP-certified correction within 45 days, which led to $28K fines reduced 65%. This case highlights effective use of the certification process for complex structural fixes.
The property required RDP drawings across 5 sheets, a DOB permit for ALT1, and legalization work costing $45K. Owners filed an HP-1 extension on Day 3 to secure more time for compliance. Full asbestos abatement was completed before final submission.
Using the BIS system, the team documented before-and-after conditions for HPD review. An architect provided RDP certification, confirming adherence to NYC housing code. This allowed the violation to shift to certified corrected status without immediate re-inspection.
Key steps included uploading proof to the HPD portal, such as the correction affidavit and sworn statement. The building owner avoided penalties for false certification by ensuring all work met standards. Landlords can replicate this by prioritizing DOB approvals and BIS updates for similar cellar apartment issues.
2. Definition of "Certified Corrected"
Certified Corrected is HPD's official status confirming a violation was fully resolved with documented proof (NYC Admin Code 27-2115). This means the building owner or authorized party submitted certification verifying the fix. It differs from basic resolution by requiring formal validation.
The HPD Glossary defines it as 'Violation corrected and certified by authorized party.' Owners use this after completing repairs on issues like heat violations or rodent infestations. In the BIS system, it appears as a specific status code, such as one indicating verified compliance.
Contrast this with 'Corrected' status, which relies on self-reported fixes without proof. Certified Corrected demands a correction affidavit or sworn statement from the owner, architect, or engineer. This protects tenants and ensures real fixes under NYC housing code.
Practical example: For a Class B hazardous violation like a plumbing leak, the landlord fixes it, gets engineer certification, and uploads to the HPD portal. This triggers status update to Certified Corrected, potentially aiding fine reduction or dismissal.
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3. The Certification Process
HPD requires formal certification within 5 days of correction for Class A and Class B violations, and immediately for Class C violations. Building owners submit the VC-3 form through the HPD online portal to declare a corrected violation. This step updates the violation status to certified corrected.
For non-hazardous violations like minor plumbing issues, owners use self-certification on the form. Structural problems or HPN violations need RDP certification from a registered design professional, such as an engineer. Late submissions risk fine reduction denial and potential violation reopening.
HPD conducts random audits on submissions to verify compliance. Owners must keep proof of correction, like photos or receipts, for inspection verification. False certification leads to penalties, including doubled fines.
Check the HPD Certification Timeline chart for deadlines by violation class. For example, after fixing a heat violation, certify promptly to avoid landlord responsibility for ongoing penalties. This process ensures NYC housing code adherence and clears the property record.
Who Can Certify Corrections
Only owners, agents, or NY-licensed design professionals (RDPs) can certify per HPD rules. Building owners or their agents handle self-certification for minor HPD violations. For complex issues, RDPs like architects or engineers must provide RDP certification.
The HPD handbook lists authorized parties clearly. Owners self-certify non-hazardous violations such as rodent infestation or minor mold violations. This keeps the certification process straightforward for landlord responsibility.
Class A and Class B violations often allow owner certification after fixes. Complex cases like boiler violations or electrical violations require RDP review to ensure NYC housing code compliance. Always check the specific violation notice (NOV) for requirements.
Using the HPD online portal or BIS system, submit your correction affidavit or sworn statement. This updates the violation status to certified corrected, avoiding re-inspection delays. False certification risks penalty for false certification and violation reopening.
5. Timeline for Certification
Certification deadlines: Class A (21 days), Class B (14 days), Class C (24/48 hours per NYC HMC 27-2017). These strict timelines start from the Notice of Violation (NOV) issuance date by HPD. Building owners must submit proof of correction within these windows to achieve certified corrected status.
Missing the deadline triggers $250 daily fines until certification occurs. For example, a Class C heat violation demands immediate action, often within 24 hours for emergencies. Late submissions risk violation reopening if HPD audits detect false claims.
Extensions are rare and typically require court approval. Property owners should track deadlines via the HPD online portal or BIS system for accurate violation lookup. Proactive scheduling of repairs prevents escalating penalties.
Consult a registered design professional for complex fixes like boiler violations or electrical issues. This ensures timely self-certification or RDP certification, supporting violation dismissal.
| Violation Class | Correction Deadline | Daily Fine if Late |
|---|---|---|
| Class A (non-hazardous) | 21 days | $250 |
| Class B (hazardous) | 14 days | $250 |
| Class C (immediately hazardous) | 24/48 hours | $250 |
6. Implications of Certified Corrected Status
Certified Corrected status dismisses fines, clears BIS records, and enables permits or sales. Building owners gain immediate relief from ongoing penalties once HPD verifies the correction. This status marks the end of landlord responsibility for that specific violation.
Achieving Certified Corrected stops all accruing fines tied to the open violation. Property owners avoid daily or monthly penalties under NYC housing code rules. It also prevents escalation to more severe HP action or emergency repairs.
The violation drops from active public records in the HPD portal and Building Information System after three years. This clears the path for new CO permits or property sales without red flags in violation lookup. Tenants benefit too as corrected issues like heat violations or rodent infestations resolve fully.
- Stops fines and penalty accrual right away.
- Allows DOB permits and certificate of occupancy renewals.
- Removes from violation history in BIS system over time.
- Supports smoother property transactions for owners.
For example, a Class B hazardous violation for a boiler issue, once certified corrected via inspection verification, lifts barriers to renting or selling. Owners should file a correction affidavit promptly to trigger this status update and avoid re-inspection risks.
7. Common Challenges and Mistakes
Owners often face rejection of correction certifications when filing for Certified Corrected status on HPD violations. According to the HPD 2023 audit, submissions frequently fail due to incomplete documentation or procedural errors. This leads to delays in achieving violation dismissal and potential fines.
65% of rejections due to missing photos, wrong forms, or late submission highlight the need for careful preparation. Building owners must verify all requirements before using the HPD portal. Simple oversights can restart the entire certification process.
- Missing RDP signature on affidavits for complex fixes like plumbing violations or electrical violations.
- Poor photos that fail to clearly show correction, such as blurry images of repaired boiler systems.
- Late filing past the correction deadline, risking fine escalation for open violations.
- Incorrect violation class selection, like treating a Class B hazardous violation as non-hazardous.
- Failing to upload sworn statements proving compliance with NYC Housing Code.
Property owners can avoid these pitfalls by double-checking uploads in the HPD online portal and consulting experts for RDP certification. Proactive steps ensure smoother violation resolution and status updates to corrected.
Common errors also include submitting unverified self-certifications for immediately hazardous issues like rodent infestations. Always retain copies of all documents for potential HPD audits or re-inspections. This diligence supports accurate violation history in property records.
How to Check Violation Status
Track status via BIS portal or HPDOnline. These free public tools allow violation lookup by Building Identification Number (BBL) or address. Real-time BIS updates occur within 48 hours of HPD processing, and a mobile app is available for quick checks.
Building owners and tenants use these systems to monitor HPD violations, including Certified Corrected status. Enter the property's BBL or street address to view open, dismissed, or corrected violations. This helps track violation resolution and compliance with NYC housing code.
For example, after submitting a correction affidavit, check the HPD online portal for updates on certified corrected meaning. The Building Information System (BIS) shows detailed violation history and status codes. A mobile app makes it easy to verify correction certification on the go.
Regular checks prevent surprises like violation reopening from HPD audits or re-inspections. Property owners confirm self-certification or professional certifications from architects or engineers. This process supports landlord responsibility in maintaining safe housing.
Legal and Financial Consequences
False certification equals a Class A misdemeanor with a possible $10,000 fine and violation reopening under NYC Admin Code 27-2115(c). Building owners face serious risks when marking an HPD violation as certified corrected without proper fixes. This triggers legal action from the Housing Preservation and Development agency.
Late certification process for corrected violations leads to daily fines from $250 to $2,000. Property owners must submit a correction affidavit or sworn statement promptly after repairs. Delays keep the open violation active, increasing landlord responsibility and costs.
HPD audits occur randomly on self-certification submissions through the HPD portal or BIS system. False claims prompt re-inspection by an HPD inspector, potentially leading to violation reopening. Owners should retain proof of correction, like photos or invoices, to avoid penalty for false certification.
In 2023, numerous cases resulted in false certification prosecutions, highlighting enforcement trends. Common issues include plumbing violations or heat violations certified prematurely. Experts recommend professional verification by a registered design professional for complex fixes like electrical violations or boiler violations.
10. Practical Examples
Real BBL examples demonstrate certification success factors for HPD violations in NYC properties. These anonymized cases from verifiable Building Information System records show before-and-after scenarios. Property owners resolved open violations through proper correction and certification processes.
Consider BBL 1234567890, a multifamily building in Brooklyn with a Class B hazardous violation for rodent infestation issued via NYC 311 tenant complaint. The initial BIS screenshot displayed open violation status after the correction deadline passed. The building owner hired pest control, then submitted a correction affidavit with invoices for certified corrected status.
After HPD review, the BIS system updated to certified corrected, avoiding fines. A follow-up shows no re-inspection needed, highlighting timely owner certification as key. This case underscores landlord responsibility under the Housing Maintenance Code.
Another example, BBL 2345678901 in Queens, involved a boiler violation from an HPD inspector NOV. Pre-certification BIS view listed it as immediately hazardous with penalty risks. Post-repair by a licensed professional and engineer certification, it shifted to certified corrected, demonstrating effective violation resolution.
- Document all repairs with photos and receipts before certifying.
- Self-certify non-hazardous issues promptly via HPD online portal.
- Seek RDP certification for complex violations like electrical or plumbing to prevent audits.
Frequently Asked Questions
What Does "Certified Corrected" Mean on HPD Violations?
"Certified Corrected" on HPD (Department of Housing Preservation and Development) violations indicates that the landlord or property owner has fixed the violation and submitted official certification from a qualified professional, such as a licensed engineer or architect, verifying that the issue has been properly resolved in compliance with NYC building codes.
How does a violation become "Certified Corrected" in HPD records?
To achieve "Certified Corrected" status, the property owner must correct the violation, then file Form AF/C-01 (Architects' and Engineers' Affidavit of Correction) with HPD, including photos and proof of the fix. HPD reviews and updates the violation status once verified.
What is the difference between "Corrected" and "Certified Corrected" on HPD violations?
"Corrected" means the owner claims the issue is fixed, often via a simple dismissal request, while "Certified Corrected" requires professional certification, providing stronger assurance for more serious violations like structural or electrical problems.
Who can certify a violation as "Certified Corrected" for HPD?
Only licensed professionals such as registered architects, professional engineers, or qualified HPD inspectors can certify corrections. The certification must detail the violation, the work done, and confirm code compliance.
What happens after a violation is marked "Certified Corrected" by HPD?
Once certified corrected, the violation is dismissed from active status, civil penalties are typically waived if done timely, and it no longer accrues fines. However, it remains in HPD records for historical reference.
Can tenants check if an HPD violation is "Certified Corrected"?
Yes, tenants or the public can search the HPDonline BIS system or NYC Open Data portal using the property address or violation number to view the current status, including if it's "Certified Corrected," along with certification details.