HOW TO CLEAR HPD MOLD VIOLATIONS FOR BUILDINGS IN NYC
The existence of mold in residential and apartment complexes poses a significant environmental risk to the inhabitants health and requires immediate inspection and remediation.
Being exposed to mold can lead to the development or aggravation of asthma and allergies, resulting in symptoms like congestion, a runny nose, coughing, and difficulty breathing.
As per Local Law 55, it is the duty of landlords and building owners in New York City (including Brooklyn, Queens, Manhattan, Bronx, and Staten Island) to ensure that tenants’ residences remain free from mold.
This responsibility entails carrying out yearly inspections and promptly addressing any tenant complaints or violations reported by the NYC Department of Housing Preservation & Development (HPD).
Correcting & Certifying HPD Mold Violations
In order to resolve a violation, the first step is to rectify the issue and subsequently confirm that the violation has been corrected within the designated timeframe.
When addressing Class B and Class C mold violations in buildings with over 10 units, it is crucial to remember that you are REQUIRED to engage two distinct and independent companies for mold assessment and mold remediation. These contractors must possess licenses from the state of New York to carry out mold assessment and/or mold remediation. It is not permissible to employ the same company for both tasks.
To obtain certification, you must submit a physical or digital document to HPD, affirming that the conditions mentioned in the Notice of Violation have been appropriately resolved. The document must include details regarding the date of correction and the company or individual responsible for addressing each condition.
The specific procedures and documentation necessary will vary depending on the violation class and the size of the building.
The 3 Classes of HPD Mold Violations
These are the 3 types of violations you may receive in response to mold complaints or inspections from HPD, along with the respective deadlines for correcting and certifying each type of violation.
Failure to correct violations will result in civil penalties and/or enhanced enforcement by HPD.
Class A Violations
Class B Violations
Class C Violations
Issued for the presence of mold that’s less than 10 sq. ft. in a room within a dwelling unit.
OR less than 30 sq. ft. in any one level, hallway, or common area (or 50 sq. ft. in the aggregate).
Class A Violations from HPD must be corrected and certified within 90 days
- Issued for the presence of mold that’s between 10 to 29 sq. ft. in a room within a dwelling unit.
- OR more than 30 sq. ft. in any one level, hallway, or common area (or 50 sq. ft. in the aggregate).
- Class B Violations from HPD must be corrected and certified within 30 days.
Issued for the presence of mold that’s more than 30 sq. ft. in a room within a dwelling unit.
Class C Violations from HPD must be corrected and certified within 21 days.
Buildings with FEWER than 10 Units:
Building with 10 or MORE Units:
All Class Violations:
Complete and notarize form AF-7 (Affidavit of Compliance).
Once an HPD inspection verifies that the mold issue has been corrected, the violation will be dismissed.
If there has not already been an HPD inspection indicating that the condition is corrected, then file for a Dismissal Request and pay the appropriate fee for a reinspection.
Class A Violations:
Complete and notarize form AF-7 (Affidavit of Compliance).
Once an HPD inspection verifies that the mold issue has been corrected, the violation will be dismissed.
If there has not already been an HPD inspection indicating that the condition is corrected, then file for a Dismissal Request and pay the appropriate fee for a reinspection.
Class B or Class C Violations:
Complete and notarize form AF-8 (Affidavit of Compliance).
You are required to hire an NYS licensed mold assessment company and an NYS licensed mold remediation company.
Submit the following from the licensed mold assessor:
A copy of the mold assessor’s license
Affidavit of Mold Assessment
Department of Environmental Protection (DEP) mold assessor’s filing receipt under Administrative Code Section 24-154
Submit the following from the licensed mold remediation
A copy of the mold remediator’s license
Affidavit of Mold Remediation
Department of Environmental Protection (DEP) mold remediator’s filing receipt under Administrative Code Section 24-154
If there has not already been an HPD inspection indicating that the condition is corrected, then file for a Dismissal Request and pay the appropriate fee for a reinspection.
Once an HPD inspection verifies that the mold issue has been corrected, the violation will be dismissed.