Penalties and Fees

New York City Department of Housing Preservation and Development (HPD) violations may result in civil penalties imposed by the Housing Court if an owner fails to comply with the violation and certify the correction, or if the owner certifies correction falsely. HPD inspections may result in inspection fees. Information about violations and inspection fees is outlined below.

HPD inspections may also result in emergency repair work.

Civil Penalties

Violations

Properties are subject to the penalties described below unless violations are corrected and the correction is certified to the Department by the dates indicated on the front of the Notice of Violation(s) mailed to the property owner or, in the case of heat and hot water violations, from the date the violation is posted at the building.

Class A violations (non-hazardous)

• Failure to post a notice regarding the housing information guide: $250 each
• All other Class A violations: $10-$50 each

Class B violations (hazardous)

• $25-$100 each, plus $10 per violation per day

Class C violations (immediately hazardous)

• Not related to heat, hot water or illegal devices or lead-based paint:
  • Buildings with 5 or fewer units: $50 per violation per day
  • Buildings with more than 5 units: $50-$150 per violation plus $125 per violation per day

• Heat and hot water violations:
  • $250-$500 dollars per day for each violation from and including the date the notice is posted at the building until the date the violation is corrected
  • $500-$1,000 per day for each subsequent violation at the same building that occurs within two consecutive calendar years or, in the case of HMC § 27-2029(a) (hot water), during two consecutive periods of October 1st through May 31st (heat)

• Illegal Device on a central heating system: $25 per day (from the date that the violation was posted on the building until the illegal device is removed) or $1,000, whichever is more

• Lead-based paint violations:
  • Order 614, 616, or 617: $250 per day per violation, up to a maximum of $10,000
  • Order 618: $1,000 maximum
  • Order 619: $1,500 maximum per violation
    • Criminal penalty: Misdemeanor punishable by a fine of up to $500 or imprisonment for up to six months or both
  • Order 620: $1,000 minimum and $5,000 maximum per violation

Failure to file Property Registration annually

Annual Property Registration is required by the New York City Housing Maintenance Code (HMC) for all residential properties with the exception of one- or two-family homes occupied by the Owner or the Owner’s immediate family. Failure to file may result in:

• A civil penalty of $250-$500
• If the property has three or more units, an owner is not be allowed to bring an action for nonpayment in housing court against a tenant of this property
• The property owner will not be able to certify correction of HPD violations or file for a violation Dismissal Request

False Certification

False Certification can result in criminal charges. The Housing Maintenance Code provides for a civil penalty of:

• $50-250 for non-lead violations
• A minimum of $1000 with a maximum of $3000 for lead violations

Fees

Code Enforcement Inspection

Heat and Hot Water

HPD may impose an Inspection Fee of $200 if a third or subsequent inspection within a heat season results in a third or subsequent heat violation and if a third or subsequent inspection within a calendar year results in a third or subsequent hot water violation.

Non-heat/hot water

Where (1) the department has performed two or more complaint-based inspections in the same dwelling unit within a twelve-month period, (2) each such inspection has resulted in the issuance of a hazardous or immediately hazardous violation (except heat or hot water), and (3) not all such violations have been certified as corrected pursuant to this section, the department may impose an inspection fee of $200 for the third and for each subsequent complaint-based inspection that it performs in such dwelling unit within the same twelve-month period that results in the issuance of a hazardous or immediately hazardous violation, provided that the department may by rule increase the fee for inspections performed during the period of October first through May thirty-first.

Alternative Enforcement Program

Buildings not discharged from the Alternative Enforcement Program within the first four months of the initial notice of selection for the program are subject to fees:

• Initial inspection fee: $500 per dwelling unit every six months, beginning on the date of the building wide inspection, with a maximum total fee of $1,000 per dwelling unit during participation in AEP.
• Complaint Inspection fee: $200 for any complaint inspection performed in the subject property that results in the issuance of a class "B" (hazardous) or "C" (immediately hazardous) violation.
• False Certification Inspection fee: $100 for each re-inspection pursuant to a certification of correction of violation(s) submitted to HPD where HPD finds one or more violations have not been corrected.

Objecting to HPD Fees