NYC HPD & DHCR: Inspections, Orders, and Rent Disputes—Made Simple
How HPD cases start, what inspections mean, and how DHCR handles rent claims and overcharges in NYC. A practical guide for property owners and tenants.
Navigating NYC's housing agencies can be overwhelming. The Department of Housing Preservation and Development (HPD) and the Division of Housing and Community Renewal (DHCR) each have specific roles in regulating housing in the city.
After working with these agencies for over 20 years, I can help you understand how they operate and what to expect when dealing with them.
Understanding HPD and DHCR
These two agencies have different but complementary roles in NYC housing regulation. Understanding their functions is crucial for both landlords and tenants.
HPD (Housing Preservation and Development)
- • Enforces housing maintenance codes
- • Conducts building inspections
- • Issues violations and orders
- • Manages emergency repairs
- • Handles tenant complaints
DHCR (Division of Housing and Community Renewal)
- • Regulates rent-stabilized housing
- • Handles rent overcharge complaints
- • Manages rent registration
- • Processes lease renewals
- • Handles rent increase applications
Key Differences
While both agencies deal with housing issues, they focus on different aspects:
- HPD: Physical conditions, safety, and habitability
- DHCR: Rent regulation, lease terms, and tenant rights
- HPD: All residential buildings
- DHCR: Primarily rent-stabilized buildings
HPD Inspections and Violations
How HPD Cases Start
HPD cases typically begin with:
- Tenant complaints to 311
- Routine building inspections
- Emergency situations
- Follow-up inspections
- Neighbor complaints
Types of HPD Violations
Class A Violations (Non-Hazardous)
- Minor maintenance issues
- Cosmetic problems
- Non-urgent repairs
Class B Violations (Hazardous)
- Safety hazards
- Health risks
- Structural problems
Class C Violations (Immediately Hazardous)
- Immediate safety threats
- Severe health risks
- Emergency conditions
HPD Inspection Process
The inspection process typically follows these steps:
- Inspector visits the property
- Documents conditions found
- Issues violations if problems exist
- Sets correction deadlines
- Follows up on corrections
DHCR Rent Regulation
Rent Overcharge Complaints
Tenants can file rent overcharge complaints with DHCR when they believe they're paying more than the legal rent. The process includes:
Filing a Complaint
- Complete DHCR form
- Provide supporting documentation
- Pay required filing fee
- Serve notice on landlord
Landlord Response
- Submit rent history
- Provide lease documents
- Explain rent increases
- Respond to allegations
DHCR Investigation
- Review all documentation
- Conduct investigation
- Issue determination
- Order refunds if appropriate
Rent Registration
Landlords must register rent-stabilized apartments with DHCR annually. This includes:
- Current rent amount
- Services provided
- Lease terms
- Tenant information
- Building information
Common Issues and Solutions
📌 Michael's Pro Tips
- • Respond promptly: Don't ignore HPD violations or DHCR complaints
- • Document everything: Keep detailed records of all communications
- • Understand deadlines: Know the time limits for responses
- • Seek legal help: Consult an attorney for complex cases
- • Maintain compliance: Stay up-to-date with all requirements
HPD Violation Responses
For Landlords:
- Correct violations promptly
- Submit certificates of correction
- Request re-inspections
- Appeal if necessary
For Tenants:
- Report problems to 311
- Cooperate with inspections
- Document conditions
- Follow up on violations
DHCR Complaint Responses
For Landlords:
- Submit complete rent history
- Provide all required documentation
- Respond to all allegations
- Cooperate with investigation
For Tenants:
- Gather supporting documentation
- File complaint within time limits
- Respond to landlord's submissions
- Cooperate with investigation
Appeals and Enforcement
HPD Appeals
Landlords can appeal HPD violations through:
- Administrative appeals
- Housing Court proceedings
- Re-inspection requests
- Violation dismissal requests
DHCR Appeals
Both landlords and tenants can appeal DHCR decisions through:
- Petition for Administrative Review (PAR)
- Article 78 proceedings
- Reconsideration requests
- Court appeals
Enforcement Actions
When violations aren't corrected, agencies can take enforcement action:
- Civil penalties and fines
- Emergency repairs by the city
- Court proceedings
- Building closure (in extreme cases)
Resources & Next Steps
About the Author
Michael Nacmias, Esq. is a NYC-based attorney with over 20 years of experience handling HPD violations, DHCR complaints, landlord-tenant disputes, and compliance matters across all five boroughs. He has successfully resolved hundreds of cases involving these agencies.
Michael understands the complexities of NYC's housing agencies and helps clients navigate their requirements effectively. His practice focuses on practical solutions that protect his clients' interests while ensuring compliance with all applicable regulations.
Related Practice Areas
Need Help with HPD or DHCR Issues?
Don't navigate these complex agencies alone. Our experienced team can help you understand your rights and obligations and achieve the best possible outcome.
Legal Disclaimer: This article is for informational purposes only and does not constitute legal advice. Every situation is unique, and you should consult with an attorney. This is attorney advertising. Prior results do not guarantee similar outcomes.