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 are outlined below.
HPD inspections may also result in emergency repair work.
There are several important changes to penalties and fees resulting from Local Law 71 for property owners, effective December 8, 2023.
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.
Starting December 8, 2023, civil penalties for HPD violations have increased as a result of recent legislation. The changes are indicated in the following chart.
Civil Penalties |
Violations Issued BEFORE December 8, 2023 |
Violations Issued ON/AFTER December 8, 2023 |
Class A |
$10-$50 |
$50-$150, plus $25/day |
Class B |
$25-$100, plus $10/day |
$75-$500 plus $25-$125/day |
Class C, buildings with 5 or fewer units (except for the below detailed class C violations) |
$50 per day |
$150-$750 plus $50-$150/day |
Class C, buildings with more than 5 units (except for the below detailed class C violations) |
$50/150 days plus $125 per day |
$150-$1,200 plus $150-$1,200 per day |
Class C, Lead-based paint hazard |
$250 per day, up to $10,000 |
$250 per day, up to $10,000 (NO CHANGE) |
Class C Heat and hot water |
$250-$500 per day AND $500-$1000 per day for subsequent violations |
$350 - $1,250 per day AND $500 - $1,500 per day for subsequent violations. |
Class C Heat and hot water - illegal device |
$25 per day or $1000, whichever is more |
$50 per day or $2,000, whichever is more |
Class C, self-closing doors |
$250-$500, plus $250 per day for each day from date set for correction until correction |
$250-$500, plus $250 per day for each day from date set for correction until correction (NO CHANGE) |
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 penalties:
As a reminder, an owner who is required to file a statement of registration under this article and who fails to file as required shall be denied the right to recover possession of the premises for nonpayment of rent during the period of noncompliance, and shall, in the discretion of the court, suffer a stay of proceedings to recover rents, during such period.
Property owners and agents who certify the correction of conditions must do so only after conditions are corrected properly. Except for lead-based paint violations, properly certified violations are deemed complied and closed 70 days from the date of the receipt of the certification unless the department has determined by a re-inspection made within such period that the violation still has not been corrected.
Falsely certifying the correction of HPD violations may lead to the following:
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.
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: