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HPD Violations in New York City and Their Impact on Your Condominium and Cooperative Apartment

Co-ops and Condos

The NYC Department of Housing Preservation and Development (HPD) ensures residential properties comply with housing and building codes. HPD issues violations when properties fail to meet these standards, often due to maintenance problems, health hazards, structural issues, or administrative lapses.

What Happens When You Receive an HPD Violation?

When an HPD inspector identifies a violation, they issue a Notice of Violation (NOV) to the property owner or managing agent. The NOV will specify the nature of the violation, the necessary corrective actions, and a deadline for compliance. Depending on the severity, violations are classified into three categories:

  1. Class A (Non-Hazardous): Minor issues that pose no immediate threat. Owners usually have 90 days to rectify these problems.
  2. Class B (Hazardous): More serious issues that must be addressed within 30 days.
  3. Class C (Immediately Hazardous): Critical violations requiring immediate attention, typically within 24 hours.

Failure to comply with the NOV can result in escalating penalties, including fines and liens on the property.

Negative Impacts on Your Condominium or Cooperative

  • Financial Penalties: Non-compliance can lead to significant fines and legal fees.
  • Damage to Reputation: Persistent violations can tarnish the reputation of the building or association, affecting future tenant or buyer interest.
  • Safety Concerns: Certain violations pose serious safety risks, endangering the well-being of your community.

Mitigating HPD Violations

It is wise for cooperatives and condominiums to have an ongoing relationship with a building engineer for regular inspections and maintenance checks to avoid violations. Upon receiving an HPD violation for your condo or co-op, promptly address the issue to prevent escalating penalties. Maintain comprehensive records of all repairs and communications with HPD. The Condominium and Cooperative lawyers at Guzov, LLC, are available to assist in navigating complex violations, hearings, and ensuring regulatory compliance.

When considering the purchase of a condo or co-op with open HPD violations, it is essential to understand the associated risks and implications. Conduct thorough due diligence to identify all existing violations and estimate repair costs and how those costs will impact monthly common charges or maintenance. Be aware that some lenders may hesitate to finance properties with open violations, complicating the purchasing process.  Further, insurance companies may not want to provide coverage to properties with violations. If you would like to discuss your rights and responsibilities regarding the violations, regulatory compliance, or any issues relating to cooperatives and condominiums, please contact us to schedule a consultation.

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