HPD Mold Violations Guide
The presence of mold in homes and apartment buildings is an environmental health hazard that must be promptly inspected and remediated.
Exposure to mold can cause or worsen symptoms of asthma and allergies, such as congestion, runny nose, coughing, and trouble breathing.
Per Local Law 55, landlords and building owners in New York City (including Brooklyn, Queens, Manhattan, Bronx, and Staten Island) are responsible for keeping tenants’ homes free of mold.
This includes conducting annual inspections and responding to any complaints received from tenants or violations from the NYC Department of Housing Preservation & Development (HPD).
If you’ve received a notice of mold violation(s) from HPD, follow the steps in our infographic below to properly correct, certify, and clear the violation.
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
- 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.
Class B Violations
- 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.
Class C Violations
- 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.
Correcting & Certifying HPD Mold Violations
To remove a violation, you must first correct the condition and then certify that the violation has been corrected within the given time period.
To correct Class B and Class C mold violations in buildings with more than 10 units, it’s important to note that you MUST hire two separate, independent companies for mold assessment and mold remediation. The contractors must be licensed by New York State to perform mold assessment and/or mold remediation. You may not use the same company to perform both.
Certification requires that a paper or electronic document is filed with HPD to affirm that the conditions cited on the Notice of Violation have been properly addressed. You must provide information about the date of correction and the company or person who corrected each condition.
The specific steps and paperwork required will depend on the violation class and the size of the building (see below).
Buildings with FEWER than 10 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.
Building with 10 or MORE Units:
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.
Need Help Correcting Your HPD Mold Violations?
If you’ve encountered a mold-related problem or received a mold violation from HPD, contact Green Orchard Group today!
Our licensed and knowledgeable mold experts are here to help you assess or remediate the mold problem and remove the violation.
- Licensed Mold Inspection and Assessment
- Licensed Mold Remediation
- Local Law 55 Inspection
Green Orchard Group has 25+ years of experience as one of NYC’s most trusted environmental health & safety firms specializing in mold assessment and remediation.
Contact Green Orchard Group Today!
Call us at (212) 219-8261 or fill out the form below and one of our mold experts will get in touch with you within 1 business day.