Dear Property Owners,
The Department of Housing Preservation and Development (HPD) periodically provides updates on new legislation and information on available materials and resources to residential building owners to support compliance with the New York City Housing Maintenance Code, the New York State Multiple Dwelling Law and other relevant city codes and rules. Visit the HPD website to read this bulletin (and past bulletins) in other languages.
This publication is intended for informational purposes only and is not intended as legal advice. This information is not a complete or final statement of all the duties of owners and tenants regarding laws and rules relating to housing in New York City.
Under Housing Maintenance Code Section 27-2029, building owners are legally required to provide heat to their tenants. Heat must be provided between October 1st and May 31st, under the following conditions:
Between the hours of 6:00am and 10:00pm, if the outside temperature falls below 55 degrees, the inside temperature is required to be at least 68 degrees Fahrenheit.
Between the hours of 10:00pm and 6:00am, the inside temperature is required to be at least 62 degrees Fahrenheit.
Failure to comply will lead to violations. Violations may result in civil penalties, heat reinspection fees, and selection for enhanced enforcement under the Heat Sensors Program.
Local Law 71, which was enacted on June 13th, becomes effective December 8, 2023. This Law has several important changes that property owners should be aware of:
Property Registration
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.
Civil penalties for HPD Violations are increasing, as indicated below.
Civil penalties |
Current |
Violations issued 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) |
Property owners and agents who certify the correction of conditions (which is your obligation and, if not done, may lead to emergency repair work related to certain class C violations and civil penalties) must do so only after conditions are corrected properly. Properly certified violations are deemed complied and closed seventy 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 (except for lead-based paint hazard violations, which require reinspection).
Falsely certifying the correction of HPD violations may lead to the following:
Property owners of multiple dwelling(s) are required to file an Bed Bug Annual Report with HPD every year between December 1 and December 31.
What information are property owners required to file?
Property owners are required to file the following based on the bedbug activity in the building between November 1, 2022, and October 31, 2023:
Do property owners need to file a Bedbug Annual Report even if the building is bedbug free?
Yes.
Are property owners required to file bedbug infestation history for each dwelling unit?
Property owners are required to file an aggregate report of the bedbug infestation history of the multiple dwelling that includes infestation history for all units – not an infestation history for an individual dwelling unit.
What if a tenant doesn’t want to provide bedbug infestation history?
The owner must employ best efforts to obtain information from all units.
Do hotels have to file the Bedbug Annual Report?
Yes.
Are co-operatives and condominiums required to file the Bedbug Annual Report?
Yes, if any units are leased out by the coop or condo owner. Bedbug infestation history should be collected by the dwelling unit owner for any non-owner occupied co-op or condo unit. The dwelling unit owner should then submit the information to the coop or condo board for inclusion in the submission of one infestation history for the entire building to HPD.
Can an owner create one log-in account and file all Bedbug Annual Reports through that log-in?
Yes.
Can owners create their own template of the Bedbug Annual Report Filing Receipt to distribute to tenants or to post in a prominent location?
No. Property owners are required to distribute or post the electronic form established by HPD.
Are property owners required to distribute the Bedbug Annual Report to tenants that renewed a lease or signed a vacancy lease during the filing period?
Property owners are required to provide bedbug infestation history upon commencement of a new lease or renewal tenancy lease that begins after submission of the Bedbug Annual Report.
Who can be contacted if there are issues with filing a Bedbug Annual Report or accessing the Bedbug Portal?
Issues with the filing can be reported via email to HPD at enforcementdesk@hpd.nyc.gov.
What happens if I do not file Bedbug Annual Report?
A violation will be issued to the property owner for failure to file.
What happens after I file the report?
After filing the report and receiving the receipt from HPD, the owner is required to: