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Nacmias Law Firm, PLLC

Landlord-Tenant

HPD Housing-Code Violation Defense

We defend property owners against NYC Department of Housing Preservation & Development violations — Class A, B, and C habitability findings, emergency repair (ERP) liens, HP actions, and harassment claims — and represent tenants when habitability conditions warrant action.

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Overview

What you need to know about HPD Housing-Code Violation.

The basics, what we do, and the issues we see most.

What is an HPD violation, and how is it different from a DOB violation?

Quick Answer

An HPD violation is a notice from the Department of Housing Preservation & Development under the NYC Housing Maintenance Code (HMC, Admin Code § 27-2001 et seq.) — for habitability conditions like no heat, no hot water, mold, lead paint, vermin, or unsafe conditions. Class C is the most serious, with daily continuing penalties. Unlike DOB violations (heard at OATH), HPD violations are administratively enforced and can lead to HP actions in Housing Court.

Services we offer for HPD Housing-Code Violation.

HPD violations carry escalating daily penalties (especially Class C), can trigger emergency repairs that become liens against the property, and often arrive bundled with tenant-initiated HP actions in Housing Court. Here's what we do for owners and (where appropriate) tenants.

  • Defend Class A, B, and C HPD violations and certify correction online via HPD Online
  • Defend Emergency Repair Program (ERP) liens — challenging both the underlying repair order and the assessment
  • Defend tenant-initiated HP actions in Housing Court seeking orders to correct violations
  • Represent owners in 7A administrator proceedings and major-violation cases
  • Defend harassment claims under NYC Admin Code § 27-2004(48) — both anti-harassment penalties and HPD certification process
  • Defend lead-paint compliance under Local Law 1 of 2004 and 31 of 2020 — annual notices, EPA RRP rules, abatement standards
  • Represent tenants seeking to compel repairs, particularly for heat/hot water and Class C conditions, where conflicts allow

Scenarios we see most.

  • No heat / no hot water complaints (heat-season Oct 1 to May 31, minimum 68°F day / 62°F night)
  • Mold, lead paint, vermin, and other Class B/C habitability violations
  • Emergency Repair Program (ERP) liens — HPD makes the repair, bills the owner
  • HP actions filed by tenants seeking court orders to correct conditions
  • Class C continuing daily penalties — accruing while the violation remains uncorrected
  • Harassment claims — owner conduct alleged to drive tenants out (statutory penalties up to $10K)
  • Lead-paint Local Law 1 compliance — annual notices, EPA RRP work, turnover obligations
  • 7A administrator proceedings — court-appointed administrator takes over building management

Who we help

Who we represent.

Every case handled directly by the attorney you speak with at intake.

Property Owners & Landlords

Eviction proceedings, rent collection, lease disputes, rent stabilization.

Tenants & Renters

Eviction defense, habitability claims, rent stabilization rights.

Property Managers

Compliance, lease negotiations, strategic representation for owners.

Co-op & Condo Boards

Shareholder disputes, proprietary lease issues, board-level matters.

How we handle your case

From summons to resolution.

The same attorney handles your matter from intake through hearing and closeout.

  1. 1

    Step 1 of 5

    Pull violation history from HPD Online and ERP records by building

  2. 2

    Step 2 of 5

    Schedule inspections, coordinate corrections, file Certifications of Correction online

  3. 3

    Step 3 of 5

    Defend HP actions in Housing Court — answer, discovery, settlement or trial

  4. 4

    Step 4 of 5

    Negotiate consent orders or stipulations with HPD or tenant counsel

  5. 5

    Step 5 of 5

    Confirm violation closure and monitor for repeat findings

Frequently asked

Questions clients ask first.

Direct answers from the attorney who handles these matters.

Most asked

What's the difference between an HPD Class A, B, and C violation?

Class A violations are non-hazardous (peeling paint without lead, missing light fixtures) — owner has 90 days to correct. Class B are hazardous (broken windows, defective plumbing fixtures, inadequate heat) — 30 days to correct. Class C are immediately hazardous (no heat in winter, lead paint where children under 6 live, gas leaks, severe vermin) — 24 hours to begin correction, with continuing daily penalties under § 27-2115. Class C drives most enforcement urgency.

Question 2

How does the ERP (Emergency Repair Program) lien process work?

When an owner fails to correct a Class C condition within HPD's deadline, HPD can dispatch contractors to make the repair (the Emergency Repair Program). The cost — including labor, materials, and a 17.5% administrative fee — becomes an ERP charge billed to the owner. If unpaid, it becomes a tax lien against the property collected with property taxes by Department of Finance. ERP liens are challengeable both procedurally (was the violation properly noticed) and substantively (was the work necessary, was the cost reasonable). We routinely contest these.

Question 3

A tenant filed an HP action against me. What is it and what should I do?

An HP action (Housing Part action) is a Housing Court proceeding tenants file under RPAPL § 110 and the Housing Maintenance Code, seeking court orders compelling repairs and imposing daily fines. Sometimes filed together with a complaint to HPD; sometimes after HPD has been unresponsive. The first appearance is typically within 30 days of filing. Owners should engage counsel immediately — settlement (consent order with a repair schedule) is the typical resolution, but unfavorable orders carry contempt exposure and can support criminal Housing Court contempt charges in extreme cases.

Question 4

Do you represent tenants in HPD/HP matters, or only owners?

Both, but never on the same matter and never against a building owned or managed by an existing client. The firm's portfolio skews to owner-side defense, but we have meaningful tenant-side experience in habitability and HP actions, particularly where the conditions are serious (heat, lead, severe disrepair). Free initial consultation includes conflict check before substantive discussion.

Question 5

How does the harassment claim under § 27-2004(48) work?

NYC Admin Code § 27-2004(48) defines harassment as conduct intended to cause a tenant to vacate or surrender rights — including threats, repeated frivolous lawsuits, repeated baseless complaints, withholding services, unauthorized construction, and other forms of pressure. Tenants prove harassment in HP actions; owners face civil penalties of $2,000–$10,000 per harassed tenant plus attorneys' fees, plus a 'finding of harassment' that can block alteration permits and Certificate of No Harassment requirements in some neighborhoods. Harassment defense requires careful documentation of the building's operational record.

Question 6

How long does it take to clear an HPD violation?

After correcting the condition, owners can self-certify online via HPD Online — most violations are removed from the system within 24-48 hours. HPD reserves audit rights and can re-inspect to verify; if re-inspection finds the condition uncorrected, the violation is reinstated and penalties may resume. Class C violations and lead-paint violations require more rigorous documentation (typically inspection by an HPD-licensed lead-paint contractor) and are not eligible for routine self-certification.

Guides & resources

Practical references & further reading.

Articles and tools updated as NYC rules change.

View all guides
External

Department of Housing Preservation and Development (HPD)

HPD is responsible for ensuring New Yorkers have access to safe, affordable housing through enforcement, preservation, and development progr

Resource

NYC Housing Court

The NYC Housing Court is the Landlord-Tenant Part of the Civil Court. It hears nonpayment proceedings (tenant owes rent), holdover proceedin

Resource

Housing Court Forms & Fees

The standard NYC Housing Court index-number fee is $45 for a summary proceeding (nonpayment, holdover, HP). Additional fees apply for motion

Free case review

HPD violation, HP action, or ERP bill in hand?

Class C continuing penalties accrue daily until cleared. ERP costs grow fast. HP actions move on tight Housing Court schedules. Same-day case review during business hours.

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Or email us

[email protected]

An attorney reads every message.

  • Same-day response

    During business hours

  • Direct attorney access

    Same lawyer from intake to close

  • Flat-fee pricing

    On most OATH and closing matters