Understanding HPD Violations: What They Mean for Tenants and Landlords

The New York City Department of Housing Preservation and Development (HPD) plays a crucial role in ensuring that residential buildings meet the city's housing standards. When buildings do not comply with these standards, HPD issues what are known as violations. HPD violations are official notices that indicate a breach of the city's housing laws or codes, and they can have significant implications for both landlords and tenants. In this blog, we’ll dive into what HPD violations are, the different types of violations, their consequences, and how to resolve them.

What is an HPD Violation?

An HPD violation is a legal notice issued by the HPD when a property fails to comply with the Housing Maintenance Code, the NYC Building Code, or other applicable laws. These violations can be triggered by anything from unaddressed maintenance issues to health hazards in a building. The primary goal of issuing violations is to ensure that rental units are safe, well-maintained, and livable for tenants.

Types of HPD Violations

HPD violations are categorized based on the severity of the problem:

• Class A Violations (Non-Hazardous): These violations are considered less serious and pertain to minor infractions like minor plumbing issues, window repairs, or other maintenance issues. Landlords typically have 90 days to correct these violations.
• Class B Violations (Hazardous): These violations represent more serious issues such as rodent infestations, peeling lead-based paint, or significant plumbing issues. Landlords are generally required to correct Class B violations within 30 days.
• Class C Violations (Immediately Hazardous): Class C violations are the most severe and include critical safety issues like no heat or hot water, structural problems, and gas leaks. Landlords must fix Class C violations immediately—usually within 24 hours, or as soon as possible depending on the nature of the problem.

Common Examples of HPD Violations

• Lack of heat or hot water during winter months
• Lead paint hazards, especially in homes with children under six
• Broken or missing smoke detectors and carbon monoxide detectors
• Inadequate fire escapes or blocked exits
• Water leaks, mold, and pest infestations

How HPD Violations Impact Landlords

For landlords, HPD violations can be both financially and legally burdensome. If violations are not corrected within the specified time, landlords may face:

• Fines: Penalties increase with the severity of the violation. The longer the violation remains unresolved, the more significant the fines.
• Legal Action: HPD or tenants may file a lawsuit against landlords who fail to address violations, which could lead to court orders, additional fines, and legal fees.
• Denial of Certain Benefits: Some violations may disqualify landlords from city programs, such as receiving rent subsidies from the Section 8 program, until the issues are resolved.
• Liens on Property: Unresolved HPD violations can result in liens being placed on the property, which may complicate efforts to sell or refinance the building.

Tenant Rights in the Event of an HPD Violation

Tenants have a right to a safe and habitable living environment, and HPD violations are often a reflection that this right is being infringed upon. Here’s what tenants should know:

• Reporting Violations: Tenants can report maintenance or safety issues directly to the HPD by calling 311 or filing a complaint online. HPD inspectors are then dispatched to investigate the issue.
• Withholding Rent: If a violation is severe and remains unresolved, tenants may have the right to withhold rent until the problem is addressed. However, this should only be done after consulting with a lawyer, as withholding rent could lead to eviction proceedings.
• Rent Abatement: In some cases, tenants may be entitled to rent reductions or rebates due to uninhabitable conditions caused by unresolved violations.
• Legal Recourse: Tenants can also take landlords to Housing Court to compel repairs, and in cases of negligence, sue for damages.

How to Resolve HPD Violations

Resolving HPD violations is crucial for landlords who want to avoid penalties, and for tenants who want a safer, more livable environment. Here’s a step-by-step guide on how to handle them:

• Inspect the Violation: Whether it’s a tenant-reported complaint or an HPD inspection, landlords should first fully assess the violation.
• Make Necessary Repairs: Depending on the violation, repairs must be made within the timeframe dictated by HPD. Hiring licensed professionals for issues like plumbing, heating, or electrical work is often required.
• Certify the Correction: After making the necessary repairs, landlords must certify that the problem has been resolved by submitting documentation to HPD. This can often be done online through HPD's portal.
• Re-Inspection: In some cases, HPD may require a re-inspection of the property to verify that the violation has been properly addressed.

Preventing Future HPD Violations

For landlords, avoiding HPD violations means staying proactive. Regular maintenance and inspections can help catch issues before they become violations. Addressing tenant complaints promptly and investing in necessary repairs and upgrades can also help prevent HPD from issuing fines or penalties.

Conclusion

HPD violations are an essential part of keeping New York City’s housing stock safe and livable. Landlords must be diligent about maintaining their properties, while tenants should be aware of their rights and the resources available to them. Whether you're a tenant dealing with a persistent issue or a landlord looking to resolve violations, understanding the HPD process is the first step toward maintaining a healthy and compliant living environment.