Owners will be required to:

• Local Law 122 of 2023

  • Provide annual notice and investigation records whenever lead-based paint hazard or turnover violations are issued. The requirement becomes effective on September 1, 2024. More information on what annual notice and investigation records can be found by watching HPD’s webinar Lead-Based Paint Annual Notice and Recordkeeping: An Owner’s Guide to Compliance in NYC – YouTube or by registering for webinars are they are announced by HPD or by reviewing the Owner’s Annual Notice section below..

  • Provide XRF testing records, which an owner is required to have, whenever a lead-based paint hazard or turnover violation is issued beginning August 2025. 

• Local Law 111 of 2023

  • Conduct XRF testing of common areas by August 2025. Records of this testing must be maintained and submitted to HPD upon request.   Note that owners are already obligated to have all apartments tested by August 2025.  HPD recommends that owners apply for an Exemption for all apartments and common areas that test negative or for which the property owner abates all lead-based paint surfaces.

• Local Law 123 of 2023

  • If a child under six resides in a unit with presumed lead-based paint in a multiple dwelling built prior to 1960 or a dwelling unit in a private dwelling erected prior to January 1, 1960 where each dwelling unit is to be occupied by persons other than the owner or the owner’s family, on January 1, 2025, the property owner must abate the lead-based paint on door and window friction surfaces, and remediate lead paint hazards, including making all floors smooth and cleanable, by July 2027

  • If a child under six comes to reside in a unit with presumed lead-based paint, after January 1, 2025, the property owner must abate the lead-based paint on door and window friction surfaces, and remediate lead paint hazards, including making all floors smooth and cleanable within three years of the date that the child comes to reside there.

HPD is required to:

• Local Law 111 of 2023

  • Conduct a visual inspection of paint conditions in a common area observed in the inspector’s line of travel when the inspector is in the building to complete a complaint-based lead paint inspection in a dwelling unit. This requirement becomes effective in June 2024.

• Local Law 127 of 2023

  • Add violations for failure to comply with turnover requirements (see below Owner’s Section labelled Turnover for details) as a criterion for selecting buildings for audit. Also, as part of the selection criteria for audits, consider the number of violations and data on the prevalence of elevated blood lead levels in certain geographic areas identified by the NYC Department of Health & Mental Hygiene (DOHMH). This requirement becomes effective in September 2024.

• Local Law 122 of 2023
  

  • Dismiss a record-keeping violation as corrected if the owner submits:

    • an appropriate request form for such violation with the required consecutive 10 years of records, including such records for the year in which the owner is submitting the dismissal request; OR

    • the appropriate request form for such violation with documentation demonstrating that the owner has kept the required records for a period of at least three consecutive years, including such records for the year in which the owner is submitting the dismissal request, and upon notification from HPD that such submitted documentation is sufficient, a payment of $1,000 for each year of the 10 years that the owner does not submit documentation. This requirement becomes effective in September 2024.

How to Remove an NYC HPD Mold Violation 

If you find yourself facing a New York City HPD mold violation, do not despair. By partnering with Biosafety NYC we can remediate the mold situation or inspect your building post-removal, we will be able to remove the violation quickly.

In 2018, New York City passed Local Law 55 — the Indoor Allergen Hazards Law. That guidance requires building owners with sites with three or more apartments to follow certain regulations related to tenant safety.

The law covers buildings in all five boroughs and calls for those apartments to be kept free of both mold and pests. The law applies to other types of dwelling units, including apartments, condos, co-ops and public housing where a resident has asthma.

That means not only addressing the physical issue but also by fixing the conditions within the building that are causing the problems. In New York City, the Housing Preservation & Development (HPD) department is responsible for enforcing both city and state codes and laws related to housing safety.

Owners are responsible for inspecting units for indoor allergens annually. Vacant apartments should be inspected and any mold removed prior to new residents moving in.

Owners are responsible for ensuring that residents are provided with a copy of a Local Law 55 fact sheet, which indicates that tenants should notify building owners if they detect the presence of indoor allergens.

How to Remove NYC HPD Mold Violation

Before determining what’s needed to address a mold issue in an NYC building, it’s important to understand the scope. There are three classes of HPD mold violations. The classes, and mold violation removal processes, depend largely on the size of the mold presence and the time in which the owner must address the issue.

Class A Mold Violations

This class covers cases where the mold is present in less than 10 square feet in a room in a dwelling unit or less than 30 square feet on any given level, hallway or common area. Conversely, the mold covers less than 50 square feet in total.

The HPD requires Class A violations to be corrected and certified within 90 days.

Class B Mold Violations

This class covers mold presence that is between 10 square feet and 20 square feet in a room or more than 30 square feet in a level, hallway, or common area or more than 50 square feet in aggregate. These violations must be addressed and certified within 30 days.

Class C Mold Violations

This class addresses violations with mold that is present in more than 30 square feet of a room and must be corrected and certified within 21 days.

The process for addressing a mold violation HPD depends on the class of the violation.

For all class violations, there are two main ways to address the issue. Owners can attempt to self-address the issue while practicing safe work practices. However, given the tricky nature of mold being presence, many owners opt instead for a more thorough action that ensures that current mold is removed and underlying conditions are addressed.

In such cases, owners work with a licensed mold assessment and mold remediation contractor to clear mold violation NYC.

Once contractors have completed their work, various paperwork must be completed and filed with the HPD. In all cases, the owner or manager must complete a mold Certificate of Correction, which affirms that mold was corrected in areas indicated by the violation.

If the violation is for a building with fewer than 10 units, or a Class A type in a building with 10 or more units, the owner or manager completes an Affidavit of Compliance AF-7.

For Class B or C violations, there must be two separate contractors hired, one to assess the work by identifying the mold, the underlying causes and complete an inspection report. That information is sent to the second company, which completes the remediation work.

In these cases, an Affidavit of Compliance AF-8 is necessary. In both cases, the affidavits must be accompanied by various copies of the remediator’s licenses and receipts.

At Prime Mold Removal, we help NYC building owners address mold issues in buildings of all sizes. Our experienced professionals can fulfill either role in Class B and C violations, either completing assessments or completing the necessary work. We will identify the mold present, investigate and identify likely sources, and complete the necessary work to remove mold from the building

Our licensed and insured contractors provides in-depth case studies designed to enhance understanding and support strategic decision-making in fighting your building violations. Discover our data-driven narratives that illuminate complex violation landscapes, aiding management companies and landlords in navigating challenges with precision.

At our firm, we are dedicated to providing expert solutions in remediate mold, lead and other bio hazard situations. violations services with integrity and precision. Our team is committed to achieving the best outcomes for our clients, while maintaining the highest standards of professional conduct.

Expertly tailored violations representation aligned with your specific needs. We specialize in all HPD New York City building violations. Our practice areas encompass a multitude of services ensuring meticulous attention and strategic resolutions.