Building owners may have corrected violations removed from the record by certifying that the violations were corrected within the required time period specified on the Notice of Violation. Certification instructions can be found on the back of the Notice of Violation. After the specified time period has passed, building owners may file a Dismissal Request form (.PDF) with their Borough Code Enforcement Office for a fee. Building owners can check for open violations online using the HPDOnline application.
Building owners can also get technical advice from Code Inspectors in HPD's Borough Code Enforcement Offices or from the borough Neighborhood Preservation about how to correct violations in their buildings. Owners and other interested parties can obtain print-outs of outstanding building violations for the cost of $.25 a page (for 1 to 14 violations and $30.00 for 15 or more violations) by contacting the Borough Code Enforcement Offices. To download the forms for correcting violations, click here.
Procedure for Protesting Emergency Repair Charges
The Department of Housing Preservation and Development attempts, both by phone and by mail, to contact property owners before undertaking emergency repairs in privately owned property. Proper, annual registration of a property is essential to ensuring proper notification by the agency for all owners of multiple dwellings (3 units or more) and owners of private dwellings (1-2 family homes) who do not reside at a property they rent. It is in both the property owner's interest and the Department's interest to ensure that property owners are notified about emergency conditions existing on their properties and for those property owners to undertake repairs immediately.
However, in the event that HPD does conduct emergency repairs, all costs will be billed to the property owner. The Department of Finance produces a bill, which supplies a property owner with the cost of any emergency repairs and a general description of the work done. If a property owner has questions regarding the charges, the property owner must submit a written request for information (inquiry) regarding the work to HPD's ERP Research and Reconciliation Unit within 30 days of the initial billing. If the property owner fails to make an inquiry within 30 days, the property owner may still receive copies of the agency's documentation regarding the work completed but may not file a protest of the charges with HPD. Based on this request, documentation indicating the nature of the work done and the cost incurred by the city will be forwarded to the owner. At that point, the owner is advised in writing that if he/she intends to protest any of the charges, a letter must be submitted within 30 days (of the date this documentation is forwarded by HPD), setting forth the specific basis for the protest together with any supporting evidentiary documents such as sworn affidavits, paid bills and canceled checks (front and back). While the protest is under review, interest charges will not accrue. A final written determination regarding the protest will be sent to the property owner at the conclusion of the agency's review, indicating that the charges will be dismissed or that the protest is being denied and the charges must be paid immediately to the Department of Finance (or interest will accrue).
The request for information and the protest letter (with all supporting documents) should be forwarded to the HPD ERP Research and Reconciliation Unit (100 Gold Street, 4K7, New York, NY 10038). The Research and Reconciliation Unit can also be reached at 212-863-6020 and the fax number is 212-863-5912.
If either the property owner missed the initial 30 day period in which to request information regarding the work done (thereby preserving the right to protest) but wishes to protest the charges or if the property owner is unsatisfied with the agency's final determination regarding a protest, the property owner may file an Article 78 or seek assistance from the Comptroller's office. If there are extenuating circumstances which prevented a response during the initial inquiry period or which may not have been presented during the initial protest, you may also write to the Associate Commissioner of Enforcement Services at 100 Gold Street, 4P, New York, NY 10038. The Associate Commissioner may review your documentation; however, this is not considered a formal protest and interest will continue to accrue. Should the Associate Commissioner's office determine that the owner's protest is valid, the agency will begin the necessary steps to have the charges removed.
