If you own residential property in New York City, sooner or later you will see a violation. The first question is always the same: who issued it, and how serious is it? HPD and the DOB are two different agencies with two different rulebooks, and confusing them is one of the most common — and most expensive — mistakes an owner can make.
Two agencies, two jurisdictions
The simplest way to keep them straight is by what each agency regulates.
- HPD (the Department of Housing Preservation and Development) enforces the NYC Housing Maintenance Code — the law governing living conditions inside residential buildings. Think heat and hot water, leaks, mold, peeling paint, pests, broken locks, and general habitability.
- DOB (the Department of Buildings) enforces the NYC Construction Codes and Zoning Resolution — the structural and safety rules for the building itself. Think illegal work without permits, unsafe construction, elevators, boilers, façades, and use that doesn’t match the certificate of occupancy.
Put simply: HPD is concerned with whether the apartment is fit to live in; DOB is concerned with whether the building is safe and legal.
HPD violation classes
HPD violations are graded by hazard, and the class determines how quickly you must act and how much exposure you carry.
- Class A — non-hazardous. Minor conditions such as a missing sign or a small defect. Longest correction window.
- Class B — hazardous. More serious conditions, such as inadequate lighting in a public area or a broken window.
- Class C — immediately hazardous. The most urgent category: no heat or hot water, lead-based paint hazards, rodent infestation, or a defective smoke detector. These carry the shortest deadlines and the steepest daily penalties.
- Class I — information / aggravated. A separate designation HPD uses for orders and certain serious or building-wide matters.
Each class comes with its own correction deadline measured from the date of service, and per-day civil penalties can accrue while a condition stays open — which is why a single ignored Class C can grow quickly.
DOB and ECB/OATH violations
DOB issues two broad types of violations, and the distinction matters for how you resolve them.
- DOB violations flag a code or zoning problem on the property’s record — for example, work without a permit or a failure to file a required inspection. Many stay on the record until you formally correct and certify them.
- ECB/OATH violations are the ticket-style summonses that carry monetary penalties and a hearing date. ECB (the Environmental Control Board) violations are now adjudicated at the OATH Hearings Division. They are also graded by severity — commonly described as Class 1 (immediately hazardous), Class 2 (major), and Class 3 (lesser) — with penalty ranges scaled to the class. Specific amounts and default penalties vary by violation type and change over time.
A DOB issue frequently produces both: a violation on the building record and an OATH summons with a fine.
How each one is cured
The cure path is different for each agency, and using the wrong one leaves the violation open.
- HPD: you correct the underlying condition, then — for many violation classes — file a certification of correction within the certification period, attesting that the work is done. HPD may inspect to confirm. Failing to certify on time can be treated as if the condition was never fixed.
- DOB: you correct the condition, often under the appropriate permit, and file a Certificate of Correction for DOB to accept. For an OATH summons you must also resolve the penalty — by paying, by curing where a cure is offered, or by appearing at the OATH hearing to contest it. Ignoring a hearing typically results in a default and a higher penalty.
Why owners can’t ignore either one
Open violations are not just paperwork. They follow the property and surface at the worst possible moments.
- Money. Civil penalties, daily accruals, and default judgments add up, and unpaid amounts can become liens.
- Escalation. HPD can perform emergency repairs and bill the owner, and repeat or aggravated conditions can trigger programs with heightened oversight.
- Sale and financing. Open HPD and DOB violations show up in title and due-diligence searches. They can delay a closing, reduce price, or force money into escrow until cleared — and lenders routinely require a clean record.
Bottom line
HPD governs the livability of the apartment; DOB governs the safety and legality of the building. Each has its own classes, deadlines, and a cure that is not complete until it is certified — not merely fixed. Tracking both records, correcting on time, and certifying correctly is ongoing work; Sterea coordinates inspections, repairs, and filings as one team so violations are resolved on the record, not just on site.
This article is for general informational purposes and is not legal, tax, or financial advice. Rules change and the specifics vary by property — consult a qualified professional about your situation.