HPD mold violations: what landlords need to do

How to clear an HPD mold violation

Fix the moisture source, have the mold assessed and removed by the right licensed professionals for your building, get a post-remediation clearance, then certify the correction to HPD before the deadline on the notice, with the supporting documents. HPD may reinspect to confirm.

1. Read the notice. Mold violations are HPD order number 550. The notice gives the class, the apartment and room, and the date to certify by. To see every open violation in a building, enter its address on HPDONLINE.
2. Find and fix the moisture. A leak, a roof or facade problem, or poor bathroom ventilation. Cleaning without fixing the source is the most common reason mold comes back.
3. Get an assessment. A licensed mold assessor measures the affected area, finds the likely source and writes a remediation work plan.
4. Remediate. A licensed remediator does the work to the plan, filing with DEP first where Local Law 61 applies.
5. Clearance. The assessor checks the work and, for covered buildings, files the post-remediation assessment with DEP within 7 days of the work being finished.
6. Certify to HPD. Submit the certification of correction with the supporting documents. For Class B and C mold violations in buildings with 10 or more apartments, that includes affidavits from the licensed assessor and the licensed remediator. Mold violations can't be certified through HPD's online eCertification, so the certification goes in on paper.

Certifying a violation as corrected when it isn't can lead to penalties for false certification, so the documents need to match what was really done.

Violation classes and deadlines

HPD classes mold violations in an apartment by the size of the growth:

Deadlines run from the date the violation is served. A violation that isn't corrected and certified in time can be upgraded to a higher class. Always go by the dates on your own notice.

Documents to send HPD with the certification

What HPD asks for depends on the size of the building and the class of the violation:

In smaller buildings, and for Class A in larger ones, the owner, the managing agent or their employees may do the work themselves using safe work practices. Then the certification of correction is all HPD needs.

If the deadline passes

An owner who doesn't correct and certify a violation in time can face civil penalties and inspection fees. For immediately hazardous conditions, HPD can send its Emergency Repair Program to do the work and bill the property.

• Late or uncorrected: clearing the violation may then need a reinspection, which you ask for with a Dismissal Request application and a fee. HPD can issue new violations at that inspection.
• Certified but not really fixed: the violation stays open in False Certification status, and the owner can face civil penalties. Tenants can challenge a certification, and HPD may then audit it with an inspection.

The quickest way to close a violation is to fix it properly the first time and send the right documents before the date on the notice.

Which rules apply to your building

3 or more apartments: Local Law 55

Inspect each occupied apartment and all common areas for mold and pests at least once a year, fix the moisture behind it using safe work practices, and respond to complaints. More on Local Law 55

10 or more apartments: Local Law 61

For mold of 10 square feet or more, use a licensed mold assessor and a licensed mold remediator. Owners and their own staff can't do this work themselves.

Before the work: DEP notice

The remediator files the work plan notice with DEP at least two business days before remediation starts.

After the work: DEP notice

The assessor files the post-remediation assessment notice with DEP within 7 days of the work being finished.

Local Law 61 also covers buildings on zoning lots with 25,000 square feet or more of non-residential floor area.

How SBG helps

• Before the visit, we check the building's HPD violation history on NYC Open Data, so we know about open mold violations before we arrive.
• Mold removal: we do the work to the assessor's plan, file the DEP work plan notice and sign the remediator's affidavit.
• Assessment and clearance: we inspect, measure, find the source, write the work plan, check the finished work, file with DEP and sign the assessor's affidavit.
• In writing: every report lists the areas, readings, sources and photos, so your certification is backed by facts.