HPD issues several types of Orders, enforceable in Housing Court, to compel owners to perform certain actions with respect to their property. Orders are mailed to registered owners and filed with the County Clerk’s Office.

Order to Repair/Vacate Order

Tenants who are required to leave because of an Order to Repair/Vacate Order may be eligible for relocation services, including, in some cases, temporary emergency housing through HPD. Costs resulting from this emergency housing may be charged to and become a lien against the property. For information on whether you qualify for tenant relocation as a result of an Order to Repair/Vacate Order, contact HPD’s Emergency Housing Services at (212) 863-6180. If you are the property owner and require information about potential costs due to relocation related to an Order to Repair/Vacate Order issued by HPD or a vacate order issued by another City agency, contact HPD at (212) 863-5063.

When all conditions listed on the Order to Repair/Vacate Order have been corrected, an owner is required to apply to HPD for a Dismissal Request inspection. There is a fee for this inspection. The owner must also notify any tenants who may have vacated the building, including those temporarily rehoused by HPD, of their right to re-occupy their apartment once the Order is rescinded.

Effective August 14, 2017, when HPD issues an Order to Repair/Vacate Order, owners must:

  • ensure that a copy of the Order to Repair/Vacate Order remains posted on the entrance door of the building/unit until it is revoke by HPD. If the poster Order to Repair/Vacate Order is removed, the owner will be subject to a violation and civil penalties. A copy of the Order to Repair/Vacate Order will be available through HPDONLINE, or contact HPD at our Borough Office to obtain an additional copy of the Order to Repair/Vacate Order.
  • ensure that any building/unit vacated by the Order to Repair/Vacate Order is not re-occupied unless the Order has been revoked by HPD. If the vacated building or unit is re-occupied, the owner will be subject to a violation and a civil penalty of no less than $5,000 for each re-occupied unit.

Alternative Enforcement Program Order to Correct

  • Correct any system conditions cited on the Order;
  • Apply to AEP for an AEP Dismissal Request. The fee for this inspection is $1000;
  • Submit a current and valid property registration to HPD;
  • Pay all fees and charges or enter into a payment agreement with the Department of Finance to pay all such charges(including liens for repair work, inspections or other action taken by HPD);
  • Correct 100% of violations directly related to providing heat and hot water;
  • Correct 100% of class “C” (immediately hazardous) violations related to mold;
  • Correct a minimum of 80% of class “B” (hazardous) violations related to mold;
  • Correct a minimum of 80% of all violations related to vermin; and  
  • Correct a minimum of 80% of all other class "B" and "C" violations.

If an owner fails to comply with the Order in a timely manner, HPD may bring the owner to Housing Court and perform or contract for emergency repair work which will be billed to the owner.  HPD is subject to laws that may make such work significantly more expensive than if the owner contracted directly for the work.  Failure to pay the bill may result in a tax lien being placed against the property. The lien may be sold or foreclosed to collect the amount owed if not paid on time.

Underlying Conditions Order to Correct

HPD may issue Orders to Correct for buildings where there may be systemic conditions causing violations to be issued for similar conditions throughout the building. The Order requires a property owner to investigate the cause of a leak or mold condition affecting multiple apartments in a building and to address any identified Underlying Conditions and the related violations (see Housing Quality Enforcement Programs for more information about the Underlying Conditions Program).

Owners have four months to comply with an Underlying Conditions Order but may request a two-month extension. To request a two-month extension an owner must submit:

  • An affidavit from a New York State licensed professional engineer or registered architect in a form approved by HPD with an inspection report identifying the Underlying Condition; and
  • An affidavit from the owner in a form approved by HPD describing the work and stating that the Underlying Condition and related violations will be corrected within the extended time period.

If there are no Underlying Conditions the owner must:

  • Submit an affidavit from a New York State licensed PE or RA in a form approved by HPD stating that there are no Underlying Conditions that are causing the mold and water leak violations;
  • Submit a Dismissal Request form; and
  • Correct 80% of all mold and water violations identified on the Order. 

If an Underlying Condition, such as a roof, plumbing, or facade issue is identified, the owner must take appropriate action to address the condition(s). Once the Underlying Condition(s) and related violations have been repaired, the owner may file a Request for Rescission with the following:

  • An affidavit from a New York State licensed PE or RA in a form approved by HPD identifying the Underlying Condition that was the source of the mold or water leak violations, stating that the Underlying Condition and related violations were properly repaired, and identifying who repaired the Underlying Condition and related violations
  • A dismissal request form; and
  • Documentation that 80% of all mold and water violations identified on the Order has been corrected.

Affidavit forms are available by calling 212-863-8865.

If an owner fails to comply with the Order in a timely manner, HPD may bring the owner to Housing Court and perform or contract for emergency repair work which will be billed to the owner.  The civil penalty is $1000 for each dwelling unit with a penalty of no less than $5000. HPD is subject to laws that may make such work significantly more expensive than if the owner contracted directly for the work.  Failure to pay the bill may result in a tax lien being placed against the property. The lien may be sold or foreclosed to collect the amount owed if not paid on time.

Commissioner’s Order

Commissioner’s Order is issued when a building is vacated in whole or in part due to fire damage in areas that cannot be specifically accessed. The Commissioner’s Order is general in nature and advises an owner that a tenant has been vacated until repairs are completed. Tenants who are required to leave because of an Order to Correct may be eligible for temporary emergency housing through HPD; costs resulting from this emergency housing may be charged to and become a lien against the property. For information on tenant relocation, contact HPD’s Emergency Housing Services at 212-863-6180.

When all conditions listed on the Order to Correct/Vacate Order have been corrected, an owner is required to apply to HPD for a Dismissal Request inspection. There is a fee for this inspection. The owner must also notify any tenants who may have vacated the building, including those temporarily rehoused by HPD, of their right to re-occupy their apartment once the Order is rescinded.                                                                 

Vacant Buildings 

HPD may issue an Information Order violation if a building is observed vacant. These Orders are not filed with the County Clerk. When the building is legally reoccupied, an owner must file a Dismissal Request  inspection with HPD. There is a fee for this inspection. As part of the Dismissal Request inspection, an owner must indicate that reinspection is required because the building was observed vacant by HPD.

If an owner with a building selected for the Alternative Enforcement Program (AEP) fails to meet the discharge criteria within the first four months of the program, (see Housing Quality Enforcement Programs for more information about AEP), HPD will issue an AEP Order to Correct. Once an Order is issued, the owner should contact the AEP office at (212) 863-8262 for information on how to comply with the Order and have it rescinded. Generally speaking, the owner will need to:

HPD issues an Order to Repair/Vacate Order when a property is uninhabitable (either in part or as a whole) due to physical conditions, including lack of essential services, lack of appropriate egress, fire damage or other serious maintenance conditions. Orders are posted at the building in addition to being mailed and filed with the County Clerk’s Office. The conditions to be corrected are listed on the Order. If you require a copy of the Order to Repair/Vacate Order, you can contact the Borough Office for the borough of the building.