Building owners in New York City can receive lead violations from the Department of Housing Preservation and Development (HPD) for various reasons. One of the most common triggers is tenant complaints made through the 311 system.

Here’s a comprehensive guide to understanding and addressing HPD lead violations. Tenant complaints often prompt HPD lead violations. Issues such as peeling paint, chipping paint, dust, or unsafe renovations reported to 311 results in HPD inspections. If lead-based paint hazards or violations are found, HPD issues a violation. In addition to tenant complaints, HPD conducts proactive inspections and audits to enforce compliance. Local Law 1 mandates annual inspections in units housing children under six, along with maintaining notices and turnover abatement records. Failure to comply with these requirements can result in violations.

Most Common HPD Lead Violations

Presumed Violation (616)

• Issued when HPD finds deteriorating paint presumed to contain lead based on the building’s age (pre-1960 construction).

• Requires verification through an XRF inspection conducted by certified professionals like NYC Lead Inspection.

Tested Violation (617)

• Occurs when deteriorating paint is confirmed to contain lead through a positive XRF analyzer reading by an HPD inspector.

Turnover Violations (621 or 622)

• Related to deteriorated paint on window or door friction surfaces during tenant turnover:

  • 621: Lead is presumed based on the building’s age.

  • 622: Lead presence is confirmed through XRF analysis by an HPD inspector.

Audit Violations (614, 618, 619, 620, or 623)

• Issued during HPD audits if required Local Law 1 records (annual inspections, safety mailings, turnover records, etc.)

Steps to Clear HPD Lead Violations

Source: NYC Gov Clearing HPD Violations (PDF)

Identify Open Violations

Begin by checking for open violations on the HPD Online
Portal. Enter your property address to get a full list of lead violations that exist.

Engage Certified Professionals


Hire an EPA-certified lead abatement firm to perform the remediation.

Conduct Clearance Testing


After remediation, conduct a dust wipe inspection completed by an EPA-certified inspection firm.

Compile Required Documentation


Proper documentation is key to clearing violations. The necessary documents include:

• Affidavits from the EPA-certified abatement firm with listed areas corrected per HPD violations.

• The abatement firm’s EPA certification.

• Laboratory report for dust samples taken after remediation.

• An affidavit from the inspector who took the dust wipe samples.

• The dust sampling inspector’s EPA certification and firm’s EPA certification.

Submit Certification of Correction


With your documentation ready, complete the “Certification of Correction of Lead-Based Paint Hazard Violation” form. Have it notarized and submit it with all supporting materials to your local HPD Borough Service Center. For faster processing, inquire about our available expediting services to help streamline the submission and approval process.

Request a Postponement if Necessary


If you need more time to address the violation, you can submit a “Request for Postponement of Time to Correct Lead-Based Paint Hazard Violation” form. This form must be notarized and include supporting documentation to justify the extension.

Monitor Compliance Status


Once you’ve submitted all necessary paperwork, check the HPD Online portal to track your compliance status. Monitoring ensures you’re aware when the violation has been officially cleared.

What Happens If You Miss the Date of Correction?

Missing the deadline to clear HPD lead violations can lead to severe consequences for property owners. One of the most pressing issues is the financial penalties associated with these violations, particularly for Class C violations. Property owners face daily fines of $250 per violation, which accumulate to a maximum of $10,000 per violation.

In addition to fines, unresolved violations can result in HPD stepping in through its Emergency Repair Program (ERP). Under this program, HPD conducts the necessary repairs and bills the property owner for the remediation costs, including administrative fees. These expenses are added as a lien on the property’s taxes, significantly increasing the financial burden and potentially jeopardizing the property’s stability.

The Broader Impact of Unresolved Violations


Leaving HPD violations unaddressed can also affect a property owner’s ability to manage financing and insurance. Insurance premiums may rise due to the increased risk posed by unresolved lead hazards, and lenders often refuse to approve loans or refinancing requests for properties with open compliance issues.

How to Recover If You Miss the Deadline

Missing the deadline to clear HPD lead violations isn’t the end of the road. With swift and decisive action, property owners can minimize the consequences and bring their properties back into compliance.

If circumstances prevent you from meeting the deadline, start by submitting a Request for Postponement of Time to Correct Lead-Based Paint Hazard Violation form to HPD. This notarized form must include a clear explanation of the delay along with supporting documentation to justify your request for an extension. Securing additional time is critical to addressing the violations without incurring further penalties.

Requesting a Postponement

If more time is needed to address the violation, you can download the following forms to submit your request:

• 1st Postponement Request Form

• 2nd Postponement Request Form

Once your extension is granted, act quickly to resolve the violation. Hire an EPA-certified lead abatement firm to professionally address the issue. Prompt corrective action not only avoids additional penalties but also demonstrates your commitment to compliance, which can be beneficial during legal or administrative processes.

Taking immediate steps ensures your property is brought back into compliance efficiently, protecting both your investment and your tenants.

Conclusion

Addressing HPD lead paint violations promptly is crucial for New York City. By understanding the types of violations, following the steps to clear them, and acting quickly before the deadlines are missed, owners can protect their investments and ensure the safety of their tenants.

Partnering with certified professionals like NYC Lead Inspections and staying informed about compliance requirements are key strategies for navigating the complex landscape of lead paint regulations.

Remember, proactive management and timely response to violations not only avoid hefty fines but also contribute to maintaining safe, healthy living environments for all New Yorkers.

Why Choose NYC Lead Inspections

NYC Lead Inspections leads the way in compliance services across New York City and New Jersey. We specialize in comprehensive lead-based paint inspections, lead abatement, and tailored solutions for resolving violations and achieving compliance.

Our services include:

• Clearing HPD and DOH lead violations

• Lead paint Abatement

• XRF, Paint Chip & Dust Wipe Inspections

• Mold Inspections & Abatement 

We proudly partner with NYC’s and New Jersey’s top property management companies and building owners to ensure their portfolios meet all regulatory standards.

Got questions about testing or compliance? Need help clearing violations or scheduling an inspection? Contact NYC Lead Inspections today for a free consultation. We’re here to keep your properties compliant, your tenants safe, and your peace of mind intact.