What Co-op Owners Need to Know About HPD Violations

As a shareholder in a co-op building (especially if you’re an owner serving on the co-op board), it’s important you know about HDP violations. New York City’s Department of Housing Preservation and Development issues these violations for infractions ranging from leaky refrigerators to heating system failure. And the enforcement of these quality of life laws is a good thing! They make the city safer for everyone, but it’s something co-op buildings must be proactive about.

What Are HPD Violations?

HPD violations are notices issued when a building is in violation of the city’s building code. It’s important to understand that the violations themselves are not a penalty (or at least not one that will get you into legal or financial trouble) so long as the problem is dealt with in the manner and length of time outlined in the violation.

Violations vary in severity and range from those classified as non-hazardous/Class A violations (think peeling paint) to the immediately hazardous Class C violations (lack of heat or water). A great list with examples can be found here.

Depending on the class of the violation, the building (or landlord) must remedy the problem within a certain time frame and failure to do so will result in fines and deepening legal issues.

HPD Violations Are Often the Result of Delayed Maintenance:

Because a co-op’s shareholders share responsibility for building maintenance, your best defense against the damage to your building’s reputation – and its reserve fund – is regular inspections and proactive maintenance.

Delayed maintenance too often leads to bigger (and costlier) fixes down the line. Regular roof upkeep is certainly cheaper than an unexpected full replacement no one budgeted for. It can also impact a building’s bottom line; potential new shareholders may not be able to secure a mortgage for a co-op in a building with open violations and insurance companies may decline to provide (or renew) coverage.

Not to mention that as a resident of the building, you almost certainly don’t want to live in a dangerous building.

Finding (and Fixing) HPD Violations:

Board members should familiarize themselves with local regulations (especially if they’ve recently changed), develop and maintain working relationships with inspectors and reliable tradespeople, and regularly check for any violations that may be uncovered on the city’s Building Information Search site. In theory, you should be made aware of every violation but the system is not foolproof.

Once the board has done the hard part (made the fix), it’s up to them to inform the city by visiting the Department of Buildings’ (DOB) website and submitting a request called a Certification of Correction. Along with it, a representative of the board will need to submit a notarized statement describing how they fixed the violation, proof of that fix, such as receipts or other supporting documentation, and proof that they have paid any associated fines that may have been issued. Finally, the designated board member should contact your Borough’s Service Center to request that Code Enforcement officers visit the property and confirm the fix has been made.

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