HPD & DOH LEAD
PAINT VIOLATION
REMOVAL
NEW YORK CITY DEPARTMENT OF HEALTH (DOH) VIOLATIONS ARE CRITICALLY TIME SENSITIVE AND MUST BE CONTESTED WITHIN FIVE DAYS OF RECEIVING OR WITHIN THE TIME GIVEN ON THE NOTICE OF VIOLATION (NOV)
For landlords or building owners in New York City, receiving a notice of violation from HPD regarding a lead-based paint issue is a frequent occurrence. HPD dispatches thousands of these notices annually, averaging about 50 per day.
If addressed and rectified correctly, there are no penalties. If they are not, you will receive a penalty of up to $250 per day per violation. Any failure to resolve the issue within the specified deadline for correction and certification will lead to fines, penalties, or legal action. HUD will attach penalty fees to your Tax Bill.
This article will outline the common types of lead-based paint violations issued by HPD, who they apply to, and the proper procedures for correction and clearance.
Call Fred's Lead for FREE directions on how to clear your violation. Fred's understands whether it is contestable or if immediate abatement is necessary.
Violations
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Presumed Lead Danger (616) - violation based on a surface found damaged or deteriorating in a building older than 1960 where lead-based paint is assumed to be present due to its age.
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Tested Lead Violation (617) - an HPD inspector found deteriorating paint and confirmed the paint is lead-based through positive XRF analyzer readings.
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Audit Violations (614, 618, 619, 620, 623) - violation issued based on failure to provide testing records, annual requests to determine if a child moved in, or after a lead-poisoned child is identified in the building by the Department of Health and Mental Hygiene (order #618).
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Note - if a child had lead-poisoning as identified in a blood test and you have untested lead-based paint, you can be sued and liable for substantial amounts of money.
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Should I Contest the Violation?
If you've received a violation (616) due to deteriorating paint conditions in a building constructed before 1960, you have the choice to contest it. This is an option if you believe that the paint in your building does not contain lead, you will need to have the paint tested or show that it was built after 1960.
You can submit the Contestation Form and provide all necessary documentation to support your argument. All documents are to be postmarked no later than six days before the correction deadline.
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Applying for a POSTPONEMENT to Abate Lead Paint
If you realize that you cannot complete the work before the correction deadline, you may apply for a postponement for up to 14 days. These forms are included in the NOV Packet received. A second postponement may also be available. Fred's can help you be PROACTIVE in this process.
Post Abatement Paperwork
Make sure everyone involved in the testing and abatement process are EPA Certified. Ensure you receive their EPA Certifications before ANY work is performed. After the abatement work is done, collect the following to submit with your clearance forms:
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Certificate of Correction (Sworn Statement from Building Owner)
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Sworn Statement from the Lead Abatement Contractor
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EPA Certification of the Lead Abatement Contractor
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Sworn Statement from the Dust Wipe Lead Inspector / Assessor
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EPA Certification of the Dust Wipe Contractor
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Laboratory Results of the Third Party Lab for the Dust Wipe Clearance Testing
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ORIGINAL Forms are to be submitted to HPD Lead Unit: 94 Old Broadway, 7th Floor
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FINAL STEP: Reinspection from HUD
Once your paperwork is submitted, provided it's valid and submitted on time, HPD will schedule a reinspection to ensure that the lead paint hazard has been effectively remediated.
Upon completion of the reinspection, if the lead hazard has been properly addressed, your violation will be successfully resolved.
However, if upon reinspection the inspector finds that a lead paint hazard still exists—whether due to the original issue not being adequately remediated or a new hazard is found, the violation will not be closed.
Reinspections are free, however, if the deadlines have lapsed and the violation becomes overdue, HPD will impose a $300 fee for the reinspection.
Failure to Address Violations
If you don't correct lead paint violations on time, you could face serious consequences. These violations highlight dangerous conditions, especially for young children who are more likely to get sick from lead poisoning.
If you don't correct the violation by the deadline, HPD can charge you $250 every day until it's corrected, with a maximum fine of $10,000.
If you do not address the hazard(s), HPD will bring in their own workers through the Emergency Repair Program (ERP) and bill you for the costs. These costs will be thousands more due to their labor rates, administrative costs and additional penalties.
Not correcting the violation quickly lead to lawsuits. HPD might take you to court, and your tenants could also sue you.
New York City Department of Housing, Preservation & Development (HPD) 616 and 617 violations are also time sensitive. You only have 30 days to have them corrected including dust wipe clearance testing.
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