Every landlord in New York City will face an HPD violation at some point. Here's what to expect, what it costs, and exactly how to fight back.
If you own rental property in New York City, you've almost certainly dealt with the Housing Preservation and Development (HPD) department. HPD enforces the NYC Housing Maintenance Code, and violations can range from minor paperwork issues to serious hazards that must be corrected within 24 hours. Understanding the most common violations — and how to clear them — can save you thousands of dollars and protect your tenants.
Understanding HPD Violation Classes
Before diving into specific violations, it's important to understand HPD's three-tier classification system. This determines your timeline and potential penalties.
| Class | Type | Correction Deadline | Civil Penalty |
|---|---|---|---|
| Class C | Immediately Hazardous | 24 hours | $50–$150/day |
| Class B | Hazardous | 30 days | $25–$100/day |
| Class A | Non-Hazardous | 90 days | $10–$50/day |
1. Heat and Hot Water Violations (Class C)
Heat violations are the most common HPD complaint, especially during New York's brutal winters. NYC law requires landlords to maintain indoor temperatures of at least 68°F between 6 AM and 10 PM when outdoor temps drop below 55°F, and at least 62°F overnight. Hot water must be available 24/7 at a minimum of 120°F.
These are Class C violations — immediately hazardous — meaning you have just 24 hours to correct them. Failure to comply can result in the city making emergency repairs and billing you for the full cost, often far exceeding what the repair would have cost directly.
- Fix the heating system immediately — call an HVAC contractor if needed
- Document the repair with photos, invoices, and timestamps
- File a Certification of Correction (CofC) with HPD online at hpdonline.nyc.gov
- Keep all documentation for at least 3 years
2. Window Guard Violations (Class C)
NYC requires landlords to install window guards in any apartment where a child under 11 lives. This is one of the most frequently cited violations because many landlords simply don't know their obligations or haven't tracked which units have young children.
Every year, you must distribute window guard notices to all tenants. If a tenant requests a guard or you know a child lives in the unit, you must install FDNY-approved window guards within 10 days. These are Class C violations with a 24-hour correction deadline once cited.
- Purchase FDNY-compliant window guards (available at hardware stores or online)
- Install them on all windows except the one designated for fire escape access
- Have tenant sign confirmation of installation
- Certify correction with HPD online within 24 hours of the violation date
3. Mold and Water Damage (Class B & C)
Mold violations have become increasingly common since HPD strengthened its Local Law 55 enforcement. Mold in any area larger than 10 square feet is a Class C violation. Smaller patches and conditions that promote mold growth (like a leaking pipe or insufficient ventilation) are typically Class B.
These violations require documentation, remediation by a licensed contractor for larger jobs, and often a post-remediation inspection. Ignoring mold violations is one of the fastest ways to end up in Housing Court.
- For areas under 10 sq ft: clean with an EPA-registered disinfectant, fix the moisture source, and certify
- For areas over 10 sq ft: hire a licensed mold remediation contractor
- Fix the underlying cause (leaking pipe, poor ventilation, roof leak)
- Take photos of the remediated area and file CofC with HPD
4. Pest Infestation — Rodents and Roaches (Class B)
Pest violations are a Class B hazardous violation with a 30-day correction window. HPD inspectors look for evidence of rodent or insect infestation including droppings, nesting materials, and entry points. This is NYC — pests are everywhere — but as a landlord, you're responsible for maintaining a pest-free environment.
A single inspection can result in multiple violations if different types of pests are found, and repeat violations can escalate to Class C status. Bedbug disclosure is also required annually and at tenancy start — failure to disclose is a separate violation.
- Hire a licensed pest control company (required for certification)
- Seal all entry points — gaps around pipes, cracks in walls, under doors
- Remove clutter and ensure proper garbage disposal procedures
- Get written documentation from the exterminator
- File CofC with HPD, attach exterminator's report
5. Lead Paint Violations (Class C)
Lead paint violations are among the most serious HPD issues, especially in older NYC housing stock. Under Local Law 1 of 2004, landlords of pre-1960 buildings (or pre-1978 buildings where children under 6 live) must annually inspect for lead paint hazards and remediate immediately when found.
These are always Class C violations. Lead paint remediation requires a licensed lead contractor and specific protocols — you cannot simply paint over it. The documentation requirements are extensive and penalties for non-compliance are severe, including potential criminal liability.
- Hire an EPA-certified lead abatement contractor — no DIY
- Use required containment and cleanup procedures
- Get a clearance inspection from a licensed inspector
- File CofC with all required documentation including contractor license numbers
- Maintain records for the duration of the tenancy
The Bottom Line: Don't Wait
HPD violations don't go away on their own. Every day you ignore them, penalties accumulate and your legal exposure grows. The city can take you to Housing Court, make emergency repairs at your expense, and in extreme cases, place your building in the Alternative Enforcement Program — where you lose control of your own property.
The smartest landlords in NYC search their properties regularly, catch violations early, and certify corrections before the city escalates. Use NYC Violation Search to check your buildings right now.