HPD Overview: Registration, Violations, And Litigation

Presentation Overview

Department of Housing Preservation and Development

Today’s Presentation: HPD Registration Complaints Inspections Violations Certification Heat / Hot Water Housing Quality Enforcement Programs What to Expect in 2015 HPD Best Practices

HPD Registration

Residential properties are required by law to register annually with HPD if they meet one of the following criteria: Three or more residential units One or two residential units, and neither the owner nor

a family member occupies one of the units Hotels Considered transient multifamily dwellings Also required to register Ownership or management changes Owners filing registration for a given property for the

first time must submit a copy of the Deed or an alternate document that reflects new ownership

Registration Information

Due annually on September 1st

The easiest way to complete a registration form and keep track of whether your property is registered is to use HPD’s online system: Link to HPD Online Property Registration System

$13 registration fee included in July 1st property taxes Re-registration does not have associated fees

Once the paperwork is processed by HPD, and the payment is received, the property has valid registration

Registration Violations

HPD recently issued Class I violations for failure to register

To remove a violation, you must register with the HPD

Once the registration is valid, HPD will administratively remove the violation, and no additional action is needed

Buildings without valid property registration are subject to: Civil penalties of $250-$500 Orders issuance Ineligibility to certify violations, request a Code Violation

Dismissal, or initiate a court action to recover possession of the premises for nonpayment of rent

HPD Complaints

Anyone can call 311 anonymously and trigger a complaint Complaints are often related to quality of life issues:

Lead paint Rodents and pests Heat and hot water Etc. As soon as SiteCompli alerts you of a new complaint,

have your team examine the perceived issue and verify whether or not it requires correction before an inspector arrives

Staying on top of open complaints and intercepting the arrival of an HPD inspector is key to preventing these complaints from becoming actual violations

HPD Inspections

When inspectors are on-site, they are also looking for key issues in a building or unit beyond what’s listed in the original complaint

6 main factors HPD inspectors examine at each inspection: Operational Smoke Detectors Operational Carbon Monoxide Detectors Illegal gates or bars on the windows Illegal double cylinder locks (locks require a key to exit) Window guards in unit with a child under the age of 11 Signs of lead paint in unit with a child under 6

 

Inspection Process

HPD Violation CLASSEsClass Designation Correction Timeframe Penalties

CImmediately Hazardous

• 24 hours from the NOV mailing Certificate is required 5 days after correction date

• Class C Lead and Window Guard violations must be corrected in 21 days from the NOV mailing

• Heat and Hot Water Violations are $250 per violation per day

• HPD may seek to correct the violating conditions through the Emergency Repair Program

B Hazardous• 30 days from NOV mailing• Certificate is required 5 days after

correction date

• HPD violations can have civil penalties for failure to correct

• HPD can seek enforcement of these penalties in Housing Court through the Housing Litigation Division.

A Non-Hazardous• 90 days from NOV mailing• Certificate is required 14 days

after correction date

• HPD violations can have civil penalties for failure to correct

• HPD can seek enforcement of these penalties in Housing Court through the Housing Litigation Division

I Hazardous (Order to Correct)

Time frame varies for each:•AEP Notice•Vacate Order•Failure to Register

• HPD violations can have civil penalties for failure to correct

• HPD can seek enforcement of these penalties in Housing Court through the Housing Litigation Division

E-Certification What is eCertification?

A free online application which allows property owners and managing agents to self-certify the correction of HPD violations

Who can certify? Only owners, officers, or managing agents listed on the

current, valid registration are eligible to enroll for eCertification Process

1. Enroll in eCertification by creating an HP user ID2. Select the building, the violations, and enter your verification

code provided by the HPD3. Submit to update the violation status and complete

certification4. Print or save a copy for your records

COMMON Certification Statuses

Status Action

Closed Violation is closed, and no further action is required.

NOV CertSelf-certification was received, but the condition has not yet been re-inspected by an inspector.

NOV Late

Certification was performed after the self-certification due date and was not accepted. To close the violation, request re-inspection by filing a Dismissal Request form and paying the fee to the appropriate Borough Code Enforcement Office.

Cert InvalidSelf-certification was not accepted due to lateness or paperwork issues. Correct the paperwork and resubmit before the self-certification due date.

CIV14 MailedForward a CIV14 notice to the tenant to verify that the repairs were done in accordance with the correction.

To Be Reinspect

HPD has received the certification and will inspect the unit themselves to verify the status.

No Access

An HPD inspector attempted to re-inspect the condition to verify correction but could not gain access to the property. HPD will attempt to inspect three times. They have 70 days to inspect, and if they have not inspected after 70 days, the correction is deemed certified.

What Happens if I don’t Self-Certify?

Dismissal Request Any open violation is eligible Some violations require additional submission of documents

Lead, smoke detectors, CO detectors, registration, etc. See form for more detail

Violation Reissuance Violations that are more than 12 months old are eligible

Postponement Request Lead-related violations are eligible

More info: Clearing HPD Violations

Dismissal Request Process

1. Submit the Dismissal Request form and fees

1. HPD will conduct an inspection within 45 days of the Dismissal Request during the summer and within 90 days during the winter

Note: When the HPD inspector arrives on site, they may issue additional violations. Ensure the violations are fully corrected, along with any other outstanding conditions that may warrant a violation

Dwelling Classification Fee

Private dwelling (1-2 units) $250

Multiple (+3 units) with 1- 300 open violations $300

Multiple dwelling with 301-500 open violations $400

Multiple dwelling with 501 or more open violations $500

Multiple dwelling active in the AEP (Alternative Enforcement Program) $1000

Violation Reissuance

Requirements for a Violation Reissuance Property must be registered All outstanding violations must be over 12 months old Can only be requested once per property

Process1. Submit Violation Reissuance form2. HPD sends new NOVs including all reissued violations3. Certify new NOVs using eCertification or by mail4. HPD will inspect the corrections5. If no inspector shows within 70 days of the certificate

date, then the violation will be deemed complied

Heat and Hot Water

Heat season runs from October 1st - May 31st

Requirements:

From October 1st, 2014 to present: 141,000+ heat and hot water complaints were registered 57,000+ inspections were attempted from these complaints 5,000+ violations were issued

If a heat or hot water violation is issued, it must be corrected within 24 hours of the posting of the violation notice at the property

Outside Temp Time of Day Apt. Temp

55 degrees or lower 6 AM – 10 PM 68 degrees

40 degrees or lower 10 PM – 6 AM 55 degrees

Heat and Hot Water Penalties

Owner may satisfy violation by submitting Notice of Correction and $250 if: The heat violation was the first issued during the current

or prior heat season The hot water violation was the first issued during the

current or previous calendar year

If HPD commences a Litigation proceeding, they can seek the following penalties: $250-500 per day for an initial heat or hot water

violation $500-1000 per day for each subsequent heat or hot

water violation (at the same building during same/next calendar year)

Housing Quality Enforcement Programs

HPD Litigation

7A Management Program

Emergency Repair Program (ERP)

Alternative Enforcement Program (AEP)

Proactive Preservation Initiative (PPI)

Underlying Conditions Program (LL6)

Emergency Repair Program

When Class C emergency violations go uncorrected, HPD may perform or contract for emergency repairs at the owner’s expense

HPD will issue an open market order to approved contractors to perform the work needed and bill you through your property taxes

However if you fix any issues before a contractor arrives onsite, you’ll only have to pay a nominal show-up fee instead of the full repair charge

If there are pending charges related to ERPs, you will not be able to certify violations, file with HPD for a Dismissal Request Inspection or request a Violation Reissuance

HPD LItigation

HPD can initiate litigation to seek corrections, civil penalties, access warrants, and more

Tenants can also initiate litigation in some cases

Specific information about individual HPD Litigation cases is not publicly available due to the nature of housing court

You can always find out more by contacting the Housing Litigation Division (HLD) directly at (212) 863-8200

7A Management Program

Administrators are appointed by the Court to operate privately owned buildings that have been abandoned by their owners, resulting in hazardous conditions

Experienced housing organizations, rather than individuals, are selected to provide 7A management services

Under Court Order, administrators collect rent and use the money to provide essential services to the tenants, including any necessary repairs

Proactive Preservation Initiative (PP1)

Identifies at-risk buildings and provides tools or incentives to ensure buildings are maintained in safe condition

How it works: Identify signs of distress using city data and

community referrals Survey at-risk buildings and recommend appropriate

action Publish addresses of severely distress buildingsPPI

At-Risk Buildings List Share data on distress properties with regulators,

lenders, and owners

Underlying Conditions Program (LL6)

Buildings with recurring mold and water leak violations resulting from an impaired building or infrastructure system

Classified under Local Law 6 of 2013

50 buildings included in this program annually

If included in the program, HPD will issue an order requiring correction on the mold/water related violations within four months

Find out more here: Additional information

Alternative ENForcement Program (AEP)

HPD designates 200 severely distressed multiple dwellings each year around January 31st

Designation criteria includes: Buildings with high number of open B and C violations Total amount of ERP charges

Notification: Owners notified end of January via Class I violation

notification Tenants are also notified via a public posting at the building Correction: 4 months to correct qualifying conditions Failure to correct the qualifying conditions may result in

emergency repairs, liens, and significant fees More info: AEP Rules

What to Expect in 2015

Housing Information Guide Enforcement This notice regarding the availability of the Housing

Information Guide must be posted in a conspicuous place at the property within view of the mail area

The law goes into effect on February 27th

A civil penalty of $250 may be issued for failure to post notice

Penalties for Repeat Violations Possibility of new fines for repeat B and C violations

that are uncorrected after two inspections Still under review

HPD Best Practices

Respond to complaint alerts ASAP to reduce the issuance of violations

If a violation is issued, be aware of the due dates so you can correct the issue and certify correction within the specified time period

Set up automatically recurring reports for both Property Registration and Open Violations in SiteCompli

Sync your SiteCompli calendar to stay aware of HPD self-certification due dates

Questions?

Contact Us Email support@sitecompli.com

Call 1-800-564-1152

Visit us at www.sitecompli.com