Overview
An HPD Class C violation is an "immediately hazardous" violation issued by the NYC Department of Housing Preservation and Development. It represents the most serious category of housing code violation and requires correction by the building owner within 24 hours of placement.
Common Class C Conditions
- No Heat - During the heating season (October 1 - May 31), failure to provide adequate heat
- No Hot Water - Failure to provide hot water (required year-round)
- Lead-Based Paint - Peeling lead paint in apartments with children under 6
- No Electricity - Building-wide electrical failure
- Vermin/Rodent Infestation - Severe pest conditions
- Structural Instability - Collapsing ceilings, crumbling walls
- Missing Window Guards - Required in apartments with children under 11
- No Fire Escape Access - Blocked or missing fire escape components
- Mold - Conditions creating mold in living spaces
Correction Timeline and Penalties
Building owners must correct Class C violations within 24 hours. If not corrected, HPD can issue additional violations, perform emergency repairs and charge the owner, and initiate legal action. Civil penalties for uncorrected Class C violations are $50 per day per violation ($125 per day in buildings with more than five units); heat and hot water violations carry $250-$500 per day for a first violation and $500-$1,000 per day for repeat violations. The Housing Maintenance Code authorizes HPD to seek injunctive relief in court.
Certification of Correction
After correcting the condition, the owner must certify the correction with HPD. HPD may schedule a re-inspection to verify. Filing a false certification of correction is a violation subject to additional penalties.
Tenant Rights
Tenants living in apartments with Class C violations have the right to: withhold rent (with proper legal procedure), request emergency repairs through HPD, file for a rent reduction order through DHCR, and in extreme cases, relocate at the landlord expense through a vacate order.
Frequently asked
What is the most serious HPD violation class?
Class C is the most serious HPD violation class, classified as "immediately hazardous." These conditions pose immediate danger to health and safety and must be corrected within 24 hours.
What can tenants do about Class C violations?
Tenants can file complaints with HPD (via 311), request emergency repairs, apply for rent reduction through DHCR, and in some cases, pursue legal action against the landlord for failure to maintain habitable conditions.
How much can a landlord be fined for Class C violations?
Civil penalties for uncorrected Class C violations are $50 per day per violation, or $125 per day in buildings with more than five units. Heat and hot water violations carry $250-$500 per day for a first violation and $500-$1,000 per day for repeat violations. Willful neglect can also result in litigation by HPD.
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