Underlying Conditions Program (LL6)

The Underlying Conditions Program allows HPD to issue an administrative order to residential building owners to correct underlying conditions that have caused, or are causing, a violation of the Housing Maintenance Code. HPD selects approximately 50 buildings for participation in the program each year based on the number of apartments affected and the number and severity of the violations.

Property owners are required to investigate the cause of a leak or mold condition affecting multiple apartments in a building and to address the conditions and related violations within four months. HPD may sue non-compliant owners in Housing Court. The civil penalty is $1000 for each dwelling unit with a minimum of $5000. If the owner fails to comply with the Order, HPD may hire a contractor to make the repairs at the owner's expense. 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 which can be sold or foreclosed if not paid in a timely manner.

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