HPD Violation

What is an HPD Lead Violation, and How Does It Affect Property Owners?

As a property owner, you have a legal responsibility to keep your tenants safe. One issue you may encounter, especially in older buildings, is an HPD lead violation.

If you own a property in New York City that was built before 1978, it’s likely that lead paint is present and if you’re not careful about addressing it, you could find yourself in violation of the New York City Department of Housing Preservation and Development (HPD) lead laws.

But what exactly is an HPD lead violation, and how does it affect you as a property owner?

In this blog, we’ll break down everything you need to know, from the regulations and penalties to the best steps you can take to avoid an HPD lead violation.

What Is an HPD Lead Violation?

An HPD lead violation occurs when a property owner fails to comply with New York City’s laws regarding lead-based paint and lead hazards in residential properties. The HPD requires that property owners take specific steps to ensure that their buildings are lead-safe, especially if children under the age of 6 live in the building.

If lead paint is found in a building and it isn’t properly managed or remediated, the HPD can issue a lead violation, which can carry serious consequences for the property owner.

Common Lead Violations Include:

Failure to remove or cover lead paint hazards in apartments with young children.
Failure to conduct proper lead inspections and risk assessments before renting out the unit.
Failure to provide tenants with proper notifications about lead hazards, especially in apartments where children live.
Failure to complete lead remediation or removal by certified contractors.

How Do HPD Lead Violations Affect Property Owners?

If you receive an HPD lead violation, you’re likely to face a few consequences, some of which can have a serious impact on your property’s financial health and your tenant relations.

1. Fines and Penalties

The HPD can fine property owners for non-compliance with lead-safe laws, and the amount can add up quickly. Fines can range from $250 to $2,000 per violation, depending on the severity and frequency of the violation.

2. Mandatory Lead Remediation

If you’re in violation of HPD lead laws, you may be required to complete lead remediation work to remove or mitigate the lead hazards. This can include hiring a certified lead removal contractor, which can be expensive.

3. Risk to Your Reputation

Having an HPD violation on record can damage your reputation as a property owner, leading to negative publicity or difficulty in renting your units. Tenants might become concerned about the safety of the property, which could lead to vacancies or complaints.

How to Avoid an HPD Lead Violation

The best way to handle an HPD lead violation is to avoid it entirely. Here are some steps you can take:

1. Conduct Lead Inspections and Risk Assessments

If you own a building that was built before 1978, it’s crucial to hire a certified lead inspector to check for lead paint. Regular inspections and risk assessments will help you stay ahead of any potential hazards.

2. Proper Lead Paint Remediation

If lead paint is found, you must follow the lead remediation process by hiring a certified lead abatement contractor to remove or seal the lead paint safely.

3. Keep Your Tenants Informed

Make sure tenants are aware of lead hazards, especially in apartments with children. By law, you must distribute lead hazard pamphlets to new tenants and maintain an open line of communication about any risks.

4. Hire Professionals to Stay Compliant

If you’re not sure where to start, hiring a professional lead remediation service can help you stay compliant with HPD regulations. These experts can provide inspections, assessments, and remediation services to keep your property safe and avoid violations.

Also Read: 10 Common Mistakes Leading to HPD Violation 623