New York City Department of Housing Preservation and Development (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.
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Order to Repair/Vacate Order
Occupants who are required to leave a residential unit – whether that unit is legal or illegal -- because of an Order to Repair/Vacate Order may be eligible for relocation services, including, temporary emergency housing through HPD. 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 212-863-7660 or firstname.lastname@example.org. For more information on what happens after a vacate order please see HPD's Vacate Order FAQs.
When a building receives a vacate order from a City agency, the vacated occupants have an option to receive relocation services, which may include temporary housing, from HPD. Property owners are required to pay the costs of these relocation services where the conditions giving rise to the need for relocation arose as a result of the negligent or intentional acts of the owner, or as a result of failure to maintain or repair the building in accordance with applicable laws. If the vacate order is issued on or after September 14, 2021, billing will take place through the owner’s property tax statement of account and payment must be made to the Department of Finance. The City’s costs for providing relocation services will accrue against the vacated building, but if the costs remain unpaid, they will become tax liens against the property, subject to interest and enforcement like other property taxes. You can obtain information about these costs by using HPDONLINE and searching under the CHARGES link. Note that costs may not accrue immediately, so any questions about the relocation services HPD is providing immediately after a vacate may be directed to HPD at RelocationExpenses@hpd.nyc.gov . Please include the affected property address, the nature of your relationship with the property, and your detailed inquiry.
Note that if relocation was provided under these circumstances related to a vacate order issued prior to September 14, 2021 owners must contact HPD at RelocationExpenses@hpd.nyc.gov to obtain information about whether there are pending charges against the property for relocation services or occupants currently receiving relocation services. Please include the affected property address, the nature of your relationship with the property, and your detailed inquiry.
In order to minimize any related expenses and to be in compliance with the law to avoid any further enforcement, 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 if the vacate order was issued by HPD. There is a fee for this inspection. If the vacate order was issued by the Department of the Buildings owners should contact that agency for information about how to have the vacate order addressed.
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:
Alternative Enforcement Program Order to Correct
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:
If there are no Underlying Conditions the owner must:
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:
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.
A 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.
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 Service Center for the borough of the building.