A notice from the NYC Department of Housing Preservation and Development (HPD) is more than an inconvenience; it's the start of a legal paper trail that can be used against you. Whether the tenant's complaint is legitimate or a strategic tactic during an eviction, how you respond in the first 24-48 hours can define the outcome of a future court case.
Understand the Stakes
HPD violations can lead to significant civil penalties and fines. More critically, an open HPD case or a history of violations can be used by a tenant as a defense in a non-payment or holdover proceeding. A judge may be less sympathetic to your case if the building appears to have a pattern of neglect, regardless of the facts of the current dispute.
Your Immediate Action Plan
Do Not Ignore It
The deadlines on HPD notices are real. Failure to certify a correction on time leads to automatic penalties.
Document Everything
Before you do anything else, document the current state of the alleged issue. Take clear, time-stamped photos or videos. This is your baseline evidence.
Attempt to Access the Unit
Immediately contact the tenant in writing (email or text, to create a record) to schedule a time to inspect and make the necessary repairs. State specific dates and times you are available.
Record the Tenant's Response
If the tenant grants access, proceed with the repairs and document the completed work with "after" photos. If the tenant denies access or does not respond, you have now created a paper trail showing you attempted to comply. This is a crucial defense.
A tenant's refusal to provide access for repairs is a powerful fact in your favor. It demonstrates that their primary goal may not be to fix the issue, but to create a violation against you.
Correcting the Violation
Once repairs are complete, you must certify the correction with HPD, typically by mail or online. Do not skip this step. An uncertified correction is treated as an open violation.
Handling HPD matters is not just about repairs; it's about strategic litigation defense. By responding quickly and creating a thorough record, you protect yourself from fines and strip the tenant of a powerful weapon they could use against you in court.