Housing Quality / Safety

Record Production Order Dismissal Request

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In order to be eligible to file a Record Production Order Dismissal Request:

  • The building must be Registered (if required).
  • There must not be any unpaid emergency repair charges for repairs performed by HPD (you can check your Department of Finance property tax bill to verify whether there are open charges).
  • There must not be any pending HPD litigation or uncollected judgments, you can verify this on HPD Online - HPD.
  • You have at least 3 consecutive years of adequate documentation (including the year the dismissal request is submitted) to comply with the following list of required documents: 
    • Completed & notarized Affidavits (attached to the Dismissal Request application if applicable)
      • Affidavit of Lead-Based Paint Records from Previous Owner
      • Affidavit of Delivery of Annual Notice (mailing/emailing/hand-delivery) (including list of units & dates notices were sent to tenants)
      • Affidavit of Annual Investigation for Lead-Based Paint Hazards
      • Affidavit of No Access to Perform Annual Investigation for Lead-based Paint Hazards
      • Affidavit for Work That Did Not Disturb Lead-Based Paint or Paint of Unknown Lead Content (Non-Violation)
      • Affidavit for Turnover of any Dwelling Unit
      • Affidavit for No Turnover Work Necessary
      • Affidavit of Compliance with Lead-Based Paint XRF Testing
  • Proof of any units which have already received an HPD Lead-Based Paint Exemption
  • Investigation documents, including no-access documentation (if applicable).
  • Work completed to correct lead-based paint hazards: If repairs were made, provide EPA-certified documentation, lab results, and affidavits. (if applicable).
  • Unit Turnover Compliance: Affidavits listing units where tenants moved out, documentation of work done or verification that no work was necessary. (if applicable).
  • Local Law 31 of 2020 XRF Testing requirement compliance: Lead inspection reports, affidavits, and certifications.

 Complete the Dismissal Request Form

  • Provide building address and dwelling unit count.
  • Enter your contact details, indicate if you’re the owner or agent, sign, and date the form.
  • When you submit the Dismissal Request form, you should NOT submit any fee. HPD will notify you with a determination about what fee is required after reviewing your records if the violations qualify for dismissal and provide information on how to submit that payment.
  • Submit Your Application: Mail (retain delivery proof) completed form with required documents to:

HPD Lead Audit Unit
345 Adams Street, 10th Floor
Brooklyn, NY 11201 


Await HPD’s Review & Response

HPD will review all of the submitted documents and may contact the person listed on the application if there are questions, additional documents or clarifications needed.  Once the review is complete, you will receive a notice from HPD with further information:

  • If all 10 years of records are adequate → Your violations will be dismissed at no cost.
  • If at least 3 consecutive years of records are adequate, including the current year of requesting the dismissal, you will receive instructions on how to submit payment for any years for which documentation was not adequate.  The cost will be $1,000 per missing year.  Once the payment is received and processed, the violation will be dismissed.
  • If the application is incomplete → You will receive a rejection letter with instructions for resubmission.

For more information, contact HPD’s Lead Unit (212) 863-5501 option # 5.