Abatement in NYC

An abatement order in NYC is a serious enforcement action issued when building or housing violations are not corrected on time. Whether issued by HPD or the Department of Buildings (DOB), abatements come with strict deadlines, escalating penalties, and potential legal consequences. Understanding the timelines and compliance process is key to avoiding costly enforcement.

What Triggers an Abatement in NYC?

Abatement orders are typically issued after:

• Repeated or unresolved violations
• Hazardous or immediately dangerous conditions
• Failure to certify correction by required deadlines
• Tenant complaints verified by inspection

Most residential abatements are issued by HPD, while construction-related abatements often involve DOB.

NYC Abatement Timelines (By Violation Type)

HPD Violation Correction Deadlines

• Class A (Non-Hazardous): Up to 90 days
• Class B (Hazardous): Up to 30 days
• Class C (Immediately Hazardous): As little as 24 hours

Failure to correct within these timeframes can lead directly to an abatement order.

What Happens After an Abatement Is Issued?

Once an abatement order is in place:

• Enforcement intensifies
• Daily penalties may begin accruing
• The property is flagged as non-compliant
• HPD or DOB may schedule follow-up inspections

For severe conditions, agencies may intervene directly.

Emergency Repairs and City Intervention

Under programs like HPD’s Emergency Repair Program (ERP):

• The City hires contractors to correct conditions
• Costs are charged back to the owner
• Bills become property liens with added fees

Emergency work is often far more expensive than private repairs.

NYC Abatement Penalties

Ignoring an abatement order can result in:

• Daily civil fines
• Housing Court or administrative hearings
• Additional violations
• Liens recorded against the property
• Delays in sales, refinancing, or permits

Repeat offenders may face enhanced enforcement or monitoring.

How to Comply With an NYC Abatement Order

Step 1: Review the Order Carefully

Confirm:

• The exact conditions cited
• Correction deadlines
• Required documentation or certifications

Step 2: Make Proper Repairs

• Use licensed and insured contractors
• Follow NYC code requirements
• Keep invoices, photos, and permits

Some violations (lead paint, mold, structural work) have strict rules.

Step 3: Certify Correction

Most abatements require formal certification:

• Online submission through HPD or DOB portals
• Supporting photos or affidavits
• Tenant access confirmation, if applicable

Incorrect or incomplete filings can delay closure.

Step 4: Pass Re-Inspection

Agencies may conduct:

• On-site inspections
• Document reviews
• Follow-up enforcement visits

Failure at this stage restarts enforcement timelines.

Best Practices to Avoid NYC Abatement Orders

• Respond quickly to violations
• Track deadlines closely
• Address tenant complaints proactively
• Use compliance professionals for complex cases
• Maintain accurate building records

Why Acting Early Matters

The longer an abatement remains open, the more expensive and disruptive it becomes. Early compliance helps:

• Minimize fines
• Avoid emergency repairs
• Protect property value
• Reduce legal risk