HPD Increases Civil Penalties for Violations
By Andrew Pisani
Among its many responsibilities, the New York City Department of Housing Preservation & Development (HPD) has the important job of ensuring building and resident safety and health by enforcing the city’s Housing Maintenance Code. The civil penalties associated with many HPD violations increased as a result of recent legislation, providing additional incentives for building owners to comply with city regulations.
New HPD Civil Penalties
The following civil penalties went into effect for HPD violations issued on or after December 8, 2023.
| Violation | Civil Penalty |
| Class A | $50 – $150, plus $25/day |
| Class B | $75 – $500, plus $25 – $125/day> |
| Class C, 5 or fewer units* | $150 – $750, plus $50 – $150/day |
| Class C, more than 5 units* | $150 – $1,200, plus $150 – $1,200/day |
| Class C, Lead-based paint hazard | $250/day, up to $10,000 (UNCHANGED) |
| Class C, Heat and hot water | $350 – $1,250/day AND $500 – $1,500/day for subsequent violations |
| Class C, Heat/hot water – illegal device | $50/day or $2,000, whichever is more |
| Class C, Self-closing doors | $250 – $500, plus $250/day from date set for correction until correction (UNCHANGED) |
* except for detailed Class C violations listed
In addition, recordkeeping violations for lead-based paint can also incur civil penalties:
- Order 614, 616 or 617: $250/day per violation, up to $10,000
- Order 618: $1,000 maximum
- Order 619: $1,500 maximum per violation
- This violation also carries a criminal penalty, resulting in a misdemeanor punishable by a fine of up to $500 or imprisonment for up to six months or both.
- Order 620: $1,000 minimum and $5,000 maximum per violation
Failure to File Annual Property Registration
New York City requires annual property registration for all residential properties except for one- or two-family homes occupied by the owner (or an immediate family member). Failure to comply may result in the following penalties:
- 5 or fewer units: $500 – $1,500
- More than 5 units: $1,000 – $5,000
Providing false information on the registration statement will subject the owner to a civil penalty ranging from $750 to $5,000.
Beyond the penalties listed above, owners who fail to register their property will not be allowed to evict tenants for failure to pay rent during the period of non-compliance. In addition, the housing court may prevent such owners from recovering rent through legal proceedings while in violation.
Last but not least, non-compliant property owners will not be able to certify correction of HPD violations or file a violation Dismissal Request.
If you have any questions or need assistance with violation correction or dismissal, please contact Metropolis Group at 212.233.6344.