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NYC Department of Housing Preservation & Development
Residential Building Owners

HPD Orders

The Department of Housing Preservation and Development issues several types of Orders:

Each type of Order has its own basis for issuance and requirements for rescission, as well as associated penalties should HPD seek to enforce the Order in Housing Court. All Orders are mailed to the last validly registered owner and filed with the County Clerk’s Office. Information Orders may also be posted against the building on HPD’s violation records and viewable on HPDONLINE to provide notice to any potential or current owner for the following Orders.

Order to Correct/Vacate Order

HPD issues an Order to Correct/Vacate pursuant to Administrative Code Section 27-2139 when a property is uninhabitable (either in part or as a whole) due to physical conditions. These Orders may be issued in response to any inspection conducted by the Department if conditions warrant the issuance, including lack of essential services, lack of appropriate egress, fire damage or other serious maintenance conditions. Orders are posted at the building in addition to being mailed and filed as noted above. The conditions to be corrected are listed on the Order itself.

Tenants who are required to leave pursuant to an Order to Correct may be eligible for emergency housing through HPD; costs resulting from this emergency housing may be charged to and become a lien against the property pursuant to Administrative Code Section 26-305. For information on whether tenants from a particular building are receiving emergency housing from HPD pursuant to an Order to Correct, contact HPD’s Emergency Housing Services at 212-863-6180.

When all conditions listed on the Order to Repair/Vacate Order have been corrected, an owner is required to apply to HPD for a Dismissal Request inspection. There is a fee for this inspection. As part of the Dismissal Request inspection, an owner must request a reinspection of the Order.  Administrative Code Section 27-2142 requires the owner to make a reasonable effort to notify any tenants who may have vacated of their right to re-occupy the apartment once the Order is rescinded. Tenants receiving emergency housing from HPD should also be notified to return by the property owner.  

Alternative Enforcement Program Order to Correct

The Alternative Enforcement Program (AEP) addresses conditions in the 200 most distressed multiple dwellings citywide (see the Alternative Enforcement Program webpage for more information about AEP) annually pursuant to Administrative Code Section 27-2153. If the building is not discharged from the Alternative Enforcement Program within the first four months, an AEP Order to Correct will be issued. An AEP Order to Correct is an administrative order that lists the building systems that must be replaced. Orders are posted at the building in addition to being mailed and filed as noted above. If the owner fails to comply with the Order, HPD may hire a contractor to make the repairs and will bill the owner. Failure to pay the bill may result in a tax lien being placed against the property.

Once an Order is issued, the owner should contact the AEP office at (212) 863-8262 for information about how to comply with the Order, and how to have the Order rescinded and the building discharged from the program. Generally speaking, the owner will need to:

  • Correct any system conditions cited on the Order
  • Apply to AEP for an AEP Dismissal Request. The fee for this inspection is $1000.
  • Submit a current and valid property registration to HPD
  • Pay all fees and charges or enter into a payment agreement with the Department of Finance to pay all such charges(including liens, for repair work, inspections or other action taken by HPD)
  • Correct 100% of violations directly related to providing heat and hot water
  • Correct 100% of class “C” (immediately hazardous) violations related to mold
  • Correct a minimum of 80% of class “B” (hazardous) violations related to mold
  • Correct a minimum of 80% of all violations related to vermin
  • Correct a minimum of 80% of all other class "B" and "C" violations. 

Underlying Conditions Order to Correct

HPD may issue Orders to Correct for buildings where there may be systemic conditions, evidenced by a similar type of violation being issued throughout the building pursuant to Administrative Code Section 27-2091.   The Order requires a property owner to investigate the cause of a leak or mold condition affecting multiple apartments in a building and to address any identified Underlying Conditions and the related violations within four months of the issuance of the Order.

Owners have four months to comply with the Underlying Conditions Order (Order) but may request a two-month extension. To request a two-month extension an owner must submit:

                (i) An affidavit from a NYS licensed PE or RA in a form approved by HPD with an inspection   report identifying the Underlying Condition; and

               (ii) An affidavit from the owner in a form approved by HPD describing the work and stating that the Underlying Condition and related violations will be corrected within the extended time period.  

If there are no Underlying Conditions the owner must submit:

(i) An affidavit from a NYS-licensed professional engineer (PE) or registered architect (RA) in a form approved by HPD stating that there are no Underlying Conditions that are causing the mold and water leak violations; (ii) A completed dismissal request form; and

(ii) 80% of all mold and water violations identified on the Order must be corrected.  

If an Underlying Condition, such as a roof issue, plumbing issue or facade issue, is identified, the owner must take appropriate action to address those conditions. Once the Underlying Conditions and related violations have been repaired, the owner may file a Request for Rescission with the following documents:

(i)    An affidavit from a NYS-licensed PE or RA in a form approved by HPD identifying the Underlying Condition that was the source of the mold or water leak violations, stating that the Underlying Condition and related violations were properly repaired, and identifying who repaired the Underlying Condition and related violations

 (ii)      A completed dismissal request form; and

(iii)     80% of all mold and water violations identified on the Order must be corrected 

Affidavit forms are available by calling 212-863-8865 and Dismissal Request Forms are available by visiting one of the Code Enforcement Borough Offices.  

Failure to comply with the Order in a timely manner may result in litigation being initiated by HPD in Housing Court for enforcement of the Order or emergency repair work to address the Underlying Conditions and violations. If the owner fails to comply with the Order, HPD may hire a contractor to make the repairs and will bill the owner. Failure to pay the bill may result in a tax lien being placed against the property.

Click here for the Law related to Underlying Conditions.

Click here for the Rules related to Underlying Conditions.

Click here for a PDF Frequently Asked Questions brochure on Underlying Conditions.

Properties to which Underlying Conditions Orders have been issued:

Commissioner’s Order:

A Commissioner’s Order is issued pursuant to Administrative Code Section 27-2091 when a vacate must be issued related to Fire Damage in areas which cannot be specifically accessed. The Commissioner’s Order is general in nature and advises an owner that a tenant has been vacated until repairs are completed. Tenants who are required to leave pursuant to an Order to Correct may be eligible for emergency housing through HPD; costs resulting from this emergency housing may be charged to the property. For information on whether tenants from a particular building are receiving emergency housing from HPD pursuant to an Order to Correct, contact HPD’s Emergency Housing Services 

When all conditions existing in the areas vacated by the Commissioner’s Order are corrected, and owner is required to apply to HPD for a Dismissal Request inspection. There is a fee for this inspection. As part of the Dismissal Request inspection, an owner must request a reinspection of the Order. Once the Order is rescinded, the law requires the owner to make a reasonable effort to notify any tenants who may have vacated of their right to re-occupy the apartment. Tenants receiving emergency housing from HPD should also be notified to return.   

Vacant Buildings:

 HPD may issue an Information Order violation if a building is observed vacant. These Orders are not filed with the County Clerk. When the building is legally reoccupied, an owner must apply to HPD for a Dismissal Request inspection. There is a fee for this inspection. As part of the Dismissal Request inspection, an owner must indicate that reinspection is required because the building was observed vacant by HPD.




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