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HPD Violations

Addressing HPD Mold and Lead Violations:

Violation Issuance

How Violations are Issued

  • Complaint: Tenants or others report suspected mold or lead hazards to 311.

  • Inspection: HPD inspectors visit the property to investigate.

  • Issuance: If a violation is found (e.g., visible mold or lead-based paint hazard), HPD issues a formal violation notice to the owner/agent.

Types of Violations:

  • Mold: Violation codes under Local Law 55.

  • Lead: Violation codes under Local Law 1 (and Local Law 31 for XRF testing).

Understanding Violation Statuses

HPD Violation StatusMeaningOpenViolation has been issued; not yet certified as corrected.Certification PendingOwner submitted certification of correction; HPD review in progress.ClosedHPD has accepted certification and/or verified correction by re-inspection.False CertificationHPD found the violation not corrected after certification; potential civil penalties.Not CompliedOwner did not correct within time; subject to enforcement or litigation.DismissedHPD withdrew the violation (e.g., error, apartment vacated, or no longer applicable).

Steps to Address Mold Violations

Correct the Condition

  • Remediate the mold using proper work practices (per Local Law 55).

  • If mold is greater than 10 square feet, use a NYS-licensed mold assessor and remediator.

  • Address the underlying source (e.g., leaks, moisture, ventilation).

Certify Correction

  • Submit a Certification of Correction to HPD (can be done online via eCertification).

  • Keep records—photos before/after, contractor invoices, permits.

HPD Re-Inspection

  • HPD may inspect again, especially for higher-risk or randomly selected cases.

  • If correction is satisfactory, status is Closed.

  • If deficiencies remain, status may become False Certification or remain Open.

Steps to Address Lead Violations

Correct the Lead Hazard

  • Hire EPA-certified (and NYS-certified) contractors for lead paint abatement or remediation.

  • Use safe work practices (containment, clearance dust wipe testing, proper disposal).

  • For XRF testing violations, ensure compliance with Local Law 31 deadlines.

Clearance Testing

  • After work, a certified assessor must perform clearance dust wipe tests to confirm safety.

Certification of Correction

  • Submit certification via eCertification within the required timeframe (typically 21 days for lead, but check the violation notice).

  • Attach clearance test results and contractor documentation.

HPD Re-inspection

  • As with mold, HPD may revisit to ensure compliance before officially closing the violation.

Enforcement Actions for Uncorrected Violations

  • Civil Penalties: HPD may impose daily fines for non-compliance.

  • Emergency Repairs: HPD can perform repairs and bill the owner (plus administrative fees).

  • Litigation: City may bring legal action in Housing Court.

Special Notes

  • Tenant Harassment: Attempting to force tenants out due to violation complaints is illegal and can lead to further penalties.

  • Recordkeeping: Maintain all records for at least 10 years for lead and 5 years for mold.

Summary Table: HPD Mold & Lead Violation Process

StepMoldLeadViolation IssuedLocal Law 55 codesLocal Law 1 or 31 codesCorrectionRemediate mold, fix moisture sourceEPA/NYS-certified contractor abates/remediatesCertificationeCertification submission & documentseCertification + clearance test resultsRe-inspectionPossible/randomPossible/required for high riskClosureStatus updated to Closed if satisfactoryStatus updated to Closed if satisfactoryNon-ComplianceFines, emergency repair, legal actionFines, emergency repair, legal action

Authoritative Resources

Bottom Line:
Address violations promptly and correctly, certify the work, and maintain documentation. Failure to comply leads to escalating enforcement. HPD’s process is clear but strict—timely action and proper documentation are your best protection. If you need help with drafting certification documents or finding certified contractors, let me know!