Understanding HPD Abatement Orders

When the NYC Department of Housing Preservation and Development (HPD) issues an abatement order, it means the agency has determined that a violation in your building poses a health or safety risk and requires immediate correction. Many owners aren’t sure what the process looks like after receiving one — or how quickly they must act. This guide breaks down what happens next and how to stay compliant.

What Is an HPD Abatement Order?

An HPD abatement order is a notice that HPD will step in to correct a violation if the property owner does not resolve it within a specific timeframe. These orders are most common for hazards involving:

• Lead-based paint
• Mold or indoor allergen issues
• Lack of heat or hot water
• Pest infestations
• Safety hazards that threaten tenants’ health

If the owner does not act promptly, HPD can hire its own contractors, fix the condition, and bill the owner — often at a much higher rate.

Step 1: HPD Issues the Violation

Before an abatement order is issued, HPD inspects the property and documents the hazardous condition. The owner receives a violation notice with:

• The classification (A, B, or C)
• Required corrective actions
• The deadline to correct it
• Instructions for submitting proof of correction

If the owner does not correct the violation by the deadline, HPD moves to abatement.

Step 2: The Abatement Order Is Activated

Once the deadline passes, HPD issues an Order to Abate. This means:

• HPD is legally allowed to enter the unit
• HPD can hire contractors to perform the work
• The owner is financially responsible for the abatement costs
• Additional fees and administrative charges may apply

Owners also risk civil penalties and liens added to the property.

Step 3: Tenant Notification

HPD may notify tenants that abatement work is scheduled. In lead or mold situations, tenants may be temporarily relocated or asked to allow access for emergency corrections. Failure to provide access can delay work but not remove the owner’s responsibility.

Step 4: HPD Performs the Work

If the owner still does not act, HPD will:

• Send in certified abatement contractors
• Correct the hazardous condition
• Conduct follow-up inspections
• Document the work performed

In lead abatement cases, work may include paint removal, encapsulation, XRF testing, or cleaning.

Step 5: HPD Bills the Owner

After the work is completed, HPD issues a bill to the owner. This can include:

• Labor and materials
• Emergency call-out fees
• Administrative charges
• Inspection fees
• Interest charges if unpaid

If the bill is not paid, HPD can place a tax lien on the property, which may affect refinancing or lead to foreclosure proceedings.

Step 6: Post-Abatement Inspections

Once the violation is corrected, HPD may conduct a follow-up inspection to verify:

• The hazard is removed
• Work meets NYC code requirements
• Owner compliance going forward

For lead and mold violations, clearance testing may be required.

How to Avoid Abatement Orders

To prevent HPD from stepping in:

• Address violations immediately
• Hire certified contractors (especially for lead, asbestos, and mold)
• Maintain good communication with tenants
• Submit proof of correction through eCertification or in person
• Track HPD deadlines closely

Proactive maintenance is significantly cheaper than HPD emergency abatement.

Final Thoughts

HPD abatement orders can be stressful and expensive, but understanding the process helps owners respond quickly and avoid unnecessary costs. Staying compliant with NYC housing regulations — especially for lead and mold — is the key to avoiding enforcement actions.