New York City landlords often think that running a building is mostly about collecting rent, paying utilities, and occasional repairs. But one of the biggest and sometimes unseen risks is HPD violations — notices from the Department of Housing Preservation and Development for failure to comply with the housing code. These violations can escalate quickly, incur hefty fines, force emergency repairs, and even affect property value or insurance.
In this post, we’ll walk through the top 10 common HPD violations that frequently hit NYC landlords, explain why they are dangerous (to tenants and finances), and outline how to prevent or fix them before costs spiral out of control.
1. Lack of Heat / Inadequate Heating Conditions
One of the most frequent—and costly—violations is failing to provide mandated heat during the heating season. Between October 1 and May 31, landlords must maintain interior temperatures during daytime hours (when outside temp < 55°F) at least 68°F, and at night at least 62°F. Failure to comply invites a Class B or even Class C violation, with daily fines.
If tenants call 311 complaining of no heat, HPD can inspect, issue a violation, and demand immediate correction. Repeated violations in the same building year over year often trigger steeper penalties.
Tip for landlords: Schedule boiler maintenance and inspections before the season, monitor temperature reports, and respond to tenant heat complaints immediately.
2. No Hot Water or Insufficient Hot Water
Closely linked to heat is the requirement that hot water (at least 120°F or consistent standard) be provided 365 days a year. If a building’s hot water system fails or is sluggish, HPD may treat that as a serious violation.
Because tenants depend on hot water for basic living (sanitation, cooking, washing), lack of hot water is regarded as a severe condition. The fines for prolonged noncompliance can mount quickly.
3. Pest Infestations (Rodents, Cockroaches, Bed Bugs)
Pest problems are widespread in NYC, especially in older buildings. When tenants report rodents, cockroaches, bed bugs, or general infestation, HPD can issue violations requiring landlord action (extermination, sealing cracks, cleaning).
Ignoring or delaying pest remediation can make the problem worse, increase tenant complaints, and lead to multiple violations. Many violations around pest control become “hazardous” classes depending on severity.
Preventive measure: periodic pest inspections and proactive sealing of entry points, consistent cleaning of common areas, and prompt response to tenant calls.
4. Lead Paint Hazard / Failure to Remediate Lead
For buildings built pre-1960 (or between 1960–1978 if lead was used), New York local laws require landlords to inspect, remediate, and certify that dwelling units are free of lead paint hazards—especially in units where children under six live.
If flaking or peeling paint is found on walls, windows, doors, or trim, HPD can issue a Class C immediately hazardous violation until proper abatement is done.
To clear, landlords often must hire certified lead abatement contractors, perform dust wipe tests, and submit clearance documents and certifications to HPD before reinspection.
5. Missing or Malfunctioning Smoke & Carbon Monoxide Detectors
Landlord obligations include installing, maintaining, and ensuring operational smoke detectors and carbon monoxide detectors in each unit and common areas.
If detectors are missing, dead, tampered with, or don’t emit audible alarms, HPD can issue violations that carry significant fines. Some cases may escalate to criminal penalties (depending on outcome of a fire or harm).
Best practice: use sealed-battery (10-year non-removable) or hardwired detectors, check them regularly, keep maintenance records, and replace promptly when expired.
6. Structural & Safety Code Violations (Stairs, Rails, Floors, Ceilings)
Defects in building structure or safety elements are a frequent trigger of Lead inspection. Broken floorboards, unstable stair treads, missing handrails, cracked ceilings, loose plaster, and weak walls are common liabilities.
If public or common areas (hallways, stairwells, roof, basement) are unsafe or deteriorating (loose tiles, leaks, holes), HPD can issue violations requiring urgent repair.
Because these issues directly affect tenant safety, violations are often classified as hazardous or immediately hazardous, bringing stricter deadlines and steeper fines.
7. Illegal Conversions / Unpermitted Alterations
Some landlords (especially in dense, high-profit areas) attempt to convert basements, attics, or subdivide apartments without proper permits or approvals. Such unauthorized alterations or conversions violate NYC building and housing codes.
Blocking required egress routes, narrowing hallways or stairwells, or ignoring fire safety access are serious violations. HPD or DOB may issue violations, stop-work orders, or force reversal of the changes.
Costs for reversing illegal conversions, bringing them up to code, and paying fines can easily escalate into tens of thousands of dollars.
8. Mold, Water Damage, and Plumbing Leaks
Chronic leaks from roofs, pipes, or plumbing fixtures can lead to water damage, stains, peeling paint, mold growth, and structural decay. Tenants often report these, and HPD violations frequently list mold or moisture infiltration as common issues.
Because mold can be a health hazard (especially for vulnerable tenants), violations involving persistent damp or mold may be classified as hazardous, triggering faster timelines for remediation.
To defend, landlords must fix leaks, dry affected areas, remediate mold using proper protocols, repaint or restore surfaces, and document the process.
9. Broken, Defective, or Unsafe Windows & Doors
Windows and doors that don’t open or close properly, have missing locks, cracked glass, or fail to provide weatherproofing are frequent targets for HPD violations.
If windows are missing guards (in units with minors), or fail to latch, or if building entry doors do not self-close or lock properly, these become problematic.
Landlords need to repair or replace these elements, ensure proper sealing, and comply with safety and egress requirements to avoid escalating fines.
10. False Certification / Falsely Closing Violations / Non-compliance with Correction
One of the often overlooked “violations” is falsely certifying that a violation has been corrected when it has not been, or certifying without proper supporting documentation. HPD has cracked down on this.
If inspection reveals the issue is not corrected or the submitted proof is insufficient/fraudulent, HPD can reopen the violation, impose additional penalties, and mark the property for more scrutiny.
Also, missing deadlines or failing to submit a Certificate of Correction (COC) properly is a frequent cause of violations staying open and accruing daily fines.
Why These Violations Become So Costly
- Daily Fines Escalate
Many violations carry per diem fines (i.e., daily penalties) until corrected. What begins as a few hundred dollars can balloon into thousands if neglected. - Emergency Repairs by HPD
If the landlord fails to act, HPD may step in and perform emergency repairs, then bill the landlord (often with added administrative fees) and place a lien on the property. - Legal / Court Actions
Persistent non-compliance may lead to summons, housing court action by tenants, or city legal actions to enforce repairs. - Property Value & Insurance Risk
Documents of open or numerous violations deter buyers, reduce property appeal, or raise red flags with insurers. Some insurers may refuse coverage if serious safety or code violations persist. - Tenant Disruption & Reputation
When tenants live with recurring issues (no heat, leaks, pests), satisfaction declines, turnover rises, and reputational damage spreads (tenant reviews, local housing groups).
How to Prevent & Minimize HPD Violations
- Regular Maintenance & Inspections
Institute a preventive inspection schedule (boiler checks, plumbing review, structural safety, pest checks). - Prompt Response to Tenant Complaints
Treat every 311 request or tenant maintenance call seriously and respond immediately. - Maintain Logs & Documentation
Keep service records, invoices, photos, certificates, and inspection reports neatly organized — essential if you must prove correction. - Hire Licensed Contractors, Especially for Lead / Gas / Safety
For high-risk systems (heat, gas, lead paint, structural changes), work only with certified, licensed professionals. - Stay Informed of Legislation & Local Requirements
Laws and code requirements evolve (e.g., lead laws, safety codes). Stay current so you don’t inadvertently violate a new rule. - Use a Compliance Tracking System
Consider software or platforms that flag upcoming renewal dates, pending repairs, deadlines for corrections, or certificate submissions.
Sample Opening Scenario (Hook)
Imagine you receive a 311 complaint from a tenant at 8:00 a.m. on a chilly December morning: “No heat, pipes are freezing.” You assume it’s a simple fix, but two days later, HPD inspects and issues a violation. Because it’s the first violation of that type for your building this year, the penalty is $300 per day. By week’s end, you face $2,100 in fines. Meanwhile, failure to submit a proper Certificate of Correction on time causes the violation to remain open, compounding costs. This type of scenario is not rare — many landlords get caught off guard by small, avoidable infractions.
Closing Thoughts
HPD violations are not just bureaucratic annoyances — for NYC landlords, they pose serious financial and reputational risks. The top 10 violations listed above represent the common, recurring pitfalls that result in hefty fines, emergency repairs, or worse.
By proactively maintaining your property, responding promptly to tenant issues, keeping excellent documentation, and staying up to date on code requirements, you can drastically reduce your exposure.
