FREQUENTLY ASKED QUESTIONS
What is the
Violation Reissuance Program?
The Violations Reissuance Program is a program that provides
owners whose properties are eligible for participation with an opportunity to
have many overdue or old violations removed from the Department’s records
without paying a fee as long as the appropriate information is submitted to HPD
on or before the deadline
stated on the Notice of Violation form.
Each summer, HPD determines eligibility for participation based on
a criterion that considers the building’s violation history, previous
participation in the re-issuance program, false certification history, emergency
repair balance and housing litigation activity. HPD may not re-issue all overdue
violations on the eligible property. For example, lead-based paint hazard
violations are always excluded from re-issuance. To find out what other
violations might be pending on the property, you can go to HPD’s website at
nyc.gov/hpd.
What are “overdue”
violations?
“Overdue” violations are violations that were never certified by
the owner as being corrected or inspected and verified as corrected by HPD. Overdue violations can date back many
years.
Why was my building chosen for this
program?
Your building was chosen because HPD's records indicate eligibility
based on criteria such as violation history, past participation in the
re-issuance program, false certification history, emergency repair balance and
housing litigation activity.
How is the Violation Re-issuance Program beneficial to
owner?
The Re-issuance Program is beneficial to owners because it allows
them to get overdue corrected violations removed from HPD’s records without
paying a fee. It also enables HPD’s
records to accurately reflect the conditions of the
property.
Must I participate
in the Violation Re-issuance Program?
No. Participation in
the Violation Re-issuance Program is not mandatory. If you choose not to participate, simply
discard the re-issued Notice of Violation that is on gold and white paper. A Notice of Violation that is NOT on
gold and white paper is a new violation and should not be discarded.
I did not own this
building at the time the violations were written, am I still responsible for
them?
Violations are associated with the property, not the owner. If not resolved and certified when
issued, a violation will remain overdue until an owner comes into HPD for an
inspection or reissuance.
This building was
totally rehabilitated, are these violations still
valid?
When a building has been gutted and totally rehabilitated the old
violations still need to be addressed through an inspection by HPD or by
participation in the Violation Re-issuance Program. Additionally, HPD can update its
occupancy records if you attach a copy of the new Certificate of Occupancy to
the forms that you will be returning to HPD. You should fill in the appropriate
information on the “Certification of Correction of Violation” page, sign, have
it notarized, and attach the copy of new Certificate of Occupancy.
I am no longer the
owner, what should I do with these documents?
You can forward them to current owner or discard
them.
Do
I have to remove all the violations?
You do not have to certify the correction of all violations. Only certify those that have been
corrected.
How do I know if a
violation is a re-issued violation or a new violation?
Re-issued violations are printed on gold and white paper.
What are “pending”
violations?
“Pending” violations are recently issued violations for which the
owner still has time to certify correction to HPD. They are not covered by this
program.
What is the typical
way to get “overdue” violations removed from HPD’s
records?
In order to get overdue corrected violations removed from HPD’s
open violations database, owners must normally pay to have a Dismissal Request
Inspection performed by HPD’s Division of Code
Enforcement.
I
have received a Re-issuance Notice of Violation. How do I
participate?
If you are interested in participation, you will need to complete
all the necessary paperwork and return required materials by the dates specified
in the package you receive.
Carefully read each violation description and confirm that the violations
have been corrected. On the back of
the “Notice of Violation” form is the “Certification of Correction of Violation"
form.
This formed must be filled in completely before you return it
to HPD.
- Fill
in the county where your building is located
- Fill
in your name
- (Section
1) Check appropriate box
that describes your relationship to the property
- (Section
4) For each violation listed on the
reverse side of this page:
- Write the
item number (in first column)
- List the
date corrected (Month and Year) in second column
- List who performed
the work (Contractor, Superintendent, Owner,
etc.)
- List the address
of the contractor or employee (if available)
-
(Section
5) Have each page signed and
notarized. Please include
phone number
All violations should be corrected by or before the “CORRECTED by” date
located in the upper right corner of the Notice of Violation
page
The deadline to submit the documents to HPD is the “CERTIFIED by” date located in the upper
right corner of the Notice of Violation page.
Each class of violation (A, B, or
C) has individual “CORRECTED by” and “CERTIFIED by” dates! Review each
page.
Do I have to be the
owner to remove the violations?
The owner or managing agent or another registered officer of the
property may certify the correction of the
violations.
Should I check that
all open re-issued violations have been corrected, even though I corrected them
a long time ago?
Yes, owners are strongly encouraged to inspect all open re-issued
violations to be certain that the conditions in the violations have
not-recurred.
I just purchased
this house, why didn’t these violations show up at
closing?
HPD violations are available on-line. You should contact your title search company if the
violations were not identified at your closing.
If a violation was
corrected before I owned the property, how do I complete the
form?
If work was completed before you owned the property and you do not
know who corrected the violation, write “Previous Owner” on the certification
form in the spaces provided. If the
violation was corrected when you owned the property you must indicate when and
by whom the violation was corrected, to the best of your
knowledge.
Are all certified
violations inspected by HPD?
No. However, HPD may
re-inspect any re-issued violation that is certified. False certification is a crime and may
subject you to civil and criminal penalties.
When are re-issued
violations that are properly certified by the specified certification dates
removed from HPD’s open violation database?
Re-issued violations that are properly certified by the deadlines,
and are not inspected by HPD, will be deemed corrected and removed from the
Department’s open violation database 70 days from the date the certification is
received by HPD. Re-issued
violations that are properly certified by the deadlines, and are re-inspected by
HPD, will be removed shortly after HPD’s re-inspection confirms that the
violation is corrected.
Is there a deadline
for mailing the certification of violation correction to
HPD?
Yes. Each class of
violations will contain a separate correction date and a certification
date. Be sure to pay attention to
the correction and certification dates.
What should I do
if, while participating in the Violation Re-issuance Program, I receive a new
violation?
You should correct all new violations and then properly certify
correction to HPD by the deadlines specified in the materials sent to you. Certification is the easiest and least
expensive way to remove a violation.
Instructions on certification of violation correction are on the back of
every Notice of Violation.
Are there some
types of violations that are not re-issued?
Lead-based paint hazard violations will not be
re-issued.
I missed the
deadline indicated in your letter; can I still participate in the
program?
If you missed the deadline for all classes of violations, you must
submit a written request to “HPD, Division of Code Enforcement, 100 Gold Street,
4P6, New York, NY 10038.” The building must have no violations
open in the past year from your request, no current emergency repair program
charges (you can check this with the Department of Finance) and no current
litigation with HPD. The request
should list the address of the building.
I have copies of documents that prove that I removed these violations
years ago; what should I do with them?
Do I need to send in proof that the violations were taken care of?
(pictures, documents, bills)
For this program, there is no need to send
proof.
Please explain the
violation. I do not understand how to resolve the
problem?
If you have questions regarding the program or violations, contact
the numbers listed at the bottom of the letter. You may also contact or visit your
borough Code Enforcement Office listed in the upper left corner of the Notice of
Violation form.
Can I include other
buildings that I own?
If you wish to include other buildings in the program, you must
submit a written request to “HPD, Division of Code Enforcement, 100 Gold Street,
4P6, New York, NY 10038.” The building must have no violations
open in the past year from your request, no current emergency repair program
charges (you can check this with the Department of Finance) and no current
litigation with HPD. The request
should list the address of the building.
I heard about this
program from a neighbor, how may I participate?
If you wish to include other buildings in the program, you must
submit a written request to “HPD, Division of Code Enforcement, 100 Gold Street,
4P6, New York, NY 10038.” The building must have no violations
open in the past year from your request, no current emergency repair program
charges (you can check this with the Department of Finance) and no current
litigation with HPD. The request
should list the address of the building.
I will not be able
to remove the violations by the time you indicated. May I have an
extension?
There will be no extensions in this program. You must correct the condition by the
date provided on the front of the Notice of Violation. The “Certify by” date on the Notice of
Violation is your deadline for returning the certification documents to
HPD.
I will not be able
to remove the violations by the time you indicated. Can I remove them at a
later date without penalty?
Yes. However, you
will have to file for a Dismissal Request.
Will you send
notification when the violations are removed?
You can check HPD’s website nyc.gov/hpd 71 days from the
submission of your certification to see if violations are removed. You will receive a notice if violations
are deemed complied or falsely certified if the condition has not been
corrected.
These violations
were done years ago; can you send an inspector out for a
re-inspection?
You can file for a Dismissal Request inspection if you prefer to
have an inspection done instead of certifying the correction of the
conditions. The application and the
fee schedule is available on-line at nyc.gov/hpd.
I cannot afford to
do all of these repairs now, but would like to remove the violations. What
should I do?
Once the conditions are corrected, contact your borough Code
Enforcement Office for assistance.
Can I return these
documents in person?
Yes, you may return your documents to the borough office listed in
the upper left corner of the Notice of Violation form. The offices are open from 9AM to 4PM,
Monday through Friday.
What’s the
difference between an A, B, or C violation?
Class A violations are non-hazardous and you have 90 days to correct
them.
Class B violations are hazardous and you have 30 days to correct
them.
Class C violations are immediately hazardous and you have 24 hours to
correct them.
What does “sty”,
“apt” and other various acronyms mean?
Please contact the numbers listed in the letter or contact your
borough office listed in the upper left corner of the Notice of Violation
form.
Do you have a
website where I can go to check of the status of my
violations?
Yes, www.NYC.GOV/HPD. Enter the building address on the right
hand side of the home page. Once
you have selected the appropriate building, click “Open violations” on the left
hand tool bar.
Who should I call
if I have more questions concerning the Violation Re-issuance
Program?
You may e-mail your questions to VIOLRE08@hpd.nyc.gov or call HPD at
212-863-8580.