NYC Class B Housing Violations: Deadlines, Certification, and Fines

If you own a New York City rental property and received a hazardous-condition notice, NYC Class B housing violations must be physically corrected within 30 days of the notice’s mailing date, and a sworn Certification of Correction must reach HPD within 14 days after that correction deadline.¹² Class B sits between Class A non-hazardous conditions and Class C immediately hazardous conditions. Miss either deadline and the civil penalty for each violation runs from $75 to $500, plus a daily penalty of $25 to $125 for every day the condition remains uncorrected past the deadline.

What Counts as a Class B Condition

The Housing Maintenance Code labels Class B violations as hazardous conditions that threaten tenant safety or health but don’t rise to immediate danger. Typical examples include inadequate lighting in hallways, stairwells, or rooms; water leaks in ceilings or walls; mold on ceilings or walls; broken or defective windows; cracked floor tiles or defective wood flooring; non-functional locks or handles on bedroom or bathroom doors; broken bathroom ventilation fans; missing or non-working smoke and carbon monoxide alarms; and defective entrance door locks.

Several conditions owners often assume are Class B are actually Class C, which carries a much shorter clock. Cockroaches, mice, and rats in a dwelling unit or common area are Class C under the Housing Maintenance Code.¹ Failure to maintain self-closing doors on dwelling unit entrances is also Class C.³ Peeling lead-based paint in a unit where a child under six lives is Class C as well. Read the class letter on the notice before you start counting days.

The 30-Day Correction Clock

The 30-day period runs from the mailing date HPD used, not from the day you opened the envelope. The actual deadline appears on the notice itself as the “Date to Correct,” and that printed date controls.¹ For context, Class A conditions get 90 days and most Class C conditions must be fixed within 24 hours, with limited exceptions of 21 days for lead paint, mold, and pest infestations.

The 14-Day Certification Window

Finishing the repair is only half the obligation. After the correction deadline passes, the owner must file a sworn Certification of Correction with HPD no later than 14 days after that date.² The same 14-day window applies to Class A. Class C certifications are due within five days, so if a single notice mixes classes, track each deadline separately.

Missing certification doesn’t undo the physical repair, but the violation stays open on the public record. Open violations can block other filings, complicate a sale, and continue to accumulate daily penalties until the paperwork is accepted.

What the Certification Form Requires

HPD provides a standard form titled “Certification of Correction of Violation(s)/Housing Quality Standards Failure(s),” available on the HPD website or at borough offices.⁴ For each violation you’re clearing, you’ll list the violation number from the original notice, the name and address of the agent or employee who performed the work, and the date the condition was corrected.

Only the owner, managing agent, corporate officer of the owning entity, or another party listed on a valid HPD property registration may sign. The signature must be notarized. This is a sworn legal document, and a false certification can trigger HPD litigation.

How to File It

HPD accepts certifications through two channels. The eCertification online portal is faster: you need an HPD Online account and an active building enrollment, then you enter the violation details and upload the signed, notarized form. The system returns a digital confirmation that serves as proof of filing.⁵

On paper, mail the completed form to the Code Enforcement Borough Office for the borough where the property is located. The statute requires delivery by certified or registered mail if you’re not filing in person or electronically.² Keep the return receipt. If a dispute comes up later, it’s your only proof the filing arrived.

Property Registration Has to Be Current

You cannot certify a correction or request a dismissal without a valid, current HPD property registration. A lapsed registration will cause the eCertification portal to reject the filing, and paper submissions will be rejected too. The same lapse blocks you from starting nonpayment eviction proceedings. Civil penalties for failing to register range from $500 to $5,000, depending on building size and whether false information was filed.

Fines and Daily Penalties

The initial civil penalty for each Class B (hazardous) violation runs from $75 to $500, and a daily penalty of $25 to $125 accrues for every day the condition remains uncorrected after the deadline.¹ Multiply that across several violations on a single notice, which is common, and exposure adds up quickly.

These fines are generally not deductible on federal taxes. Under 26 U.S.C. § 162(f), amounts paid to a government entity for a violation of law cannot be deducted.⁶ A narrow exception exists for amounts specifically identified as restitution or compliance costs in a court order or settlement, but the fine itself is not deductible.

If You Ignore the Violation

HPD has statutory authority to order corrections and, if the owner fails to comply, to execute the repairs itself.⁷ When HPD or its contractors perform emergency repair work, the cost is billed to the property owner through the NYC Department of Finance. Because the city is subject to government procurement and prevailing wage requirements, these repairs typically cost far more than what the owner would have paid a private contractor.⁸

Any unpaid emergency repair charge becomes a tax lien against the property, accrues interest, and can eventually be sold or foreclosed on by the city.⁸ HPD’s Housing Litigation Division may also bring the owner to Housing Court, seeking court-ordered corrections and civil penalties. In extreme cases involving widespread neglect, HPD can seek appointment of a 7A administrator to take over management of the property.⁹

Audits and Tenant Challenges

Filing a certification doesn’t automatically close the violation. HPD may audit any certification by sending an inspector to confirm the repair actually resolved the condition. Tenants are notified when HPD receives a certification and may challenge it, and a challenge triggers an audit inspection.¹⁰ If the inspector finds the work inadequate, the certification is invalidated and the owner may face additional litigation or penalties for a false certification. HPD’s litigation division specifically pursues cases of falsely certified corrections.⁹

Requesting a Dismissal by Reinspection

If a violation remains open on your record after repairs, you can submit a Dismissal Request asking for a reinspection. It’s a separate process from certification and carries a fee based on building type and open-violation count:¹¹

Private dwelling, 1-2 units: $250
Multiple dwelling with 1-300 open violations: $300
Multiple dwelling with 301-500 open violations: $400
Multiple dwelling with 501 or more open violations: $500
Buildings in the Alternative Enforcement Program: $1,000

HPD aims to inspect within 45 business days for requests submitted between June 1 and September 30, and within 90 business days for requests submitted between October 1 and May 31.¹¹ Inspectors will make a maximum of two access attempts. Violations that aren’t inspected won’t be dismissed. A dismissal request can be rejected if the building lacks a valid property registration, has unpaid emergency repair charges, or is subject to pending HPD-related litigation.

Checking Violation Status

Look up current status by entering the property address into HPDONLINE, the city’s public database.¹⁰ The system shows whether each violation is open, pending review, or closed. Check it periodically after filing a certification, because processing times vary.

Lead Paint Adds a Federal Layer

If a Class B repair involves disturbing painted surfaces in a building constructed before 1978, federal rules apply on top of the city’s. The EPA’s Renovation, Repair, and Painting (RRP) Rule requires that any firm performing renovation work in pre-1978 housing be a certified Lead-Safe renovation firm, with workers trained in lead-safe practices.¹² Prohibited methods include open-flame burning and power sanding without a HEPA vacuum attachment.¹³

This applies even to work that seems minor, like patching a cracked wall or replacing a window frame. Hiring an uncertified contractor for a Class B condition involving painted surfaces in an older building risks federal penalties on top of the city violation. Before signing anything, confirm the contractor’s EPA or state lead-safe certification.

1
NYC.gov. NYC Housing Maintenance Code
2
AMLegal. NYC Administrative Code 27-2115 – Imposition of Civil Penalty
3
NYC Housing Preservation & Development. Self-Closing Doors
4
NYC Department of Housing Preservation and Development. Certification of Correction of Violation(s)/Housing Quality Standards Failure(s)
5
NYC Housing Preservation & Development. eCertification
6
Office of the Law Revision Counsel. 26 U.S. Code 162 – Trade or Business Expenses
7
AMLegal. NYC Administrative Code 27-2125 – Power to Cause or Order Corrections of Violations
8
NYC Housing Preservation & Development. HPD Charges
9
NYC Housing Preservation & Development. Housing Litigation
10
NYC Housing Preservation & Development. Clear Violations
11
NYC Department of Housing Preservation and Development. Dismissal Request Form
12
U.S. Environmental Protection Agency. What Does the Renovation, Repair, and Painting (RRP) Rule Require?
13
Environmental Protection Agency (EPA). Protect Your Family From Lead in Your Home