What Happens If You Ignore an Abatement Order in NYC?

Ignoring an abatement order in New York City can quickly turn a manageable violation into a costly legal and financial problem. When agencies like HPD or DOB issue an abatement order, they are signaling that a condition in your building poses a health or safety risk and must be corrected immediately. Here’s what happens if you don’t act.

What Is an Abatement Order?

An abatement order authorizes the City to correct hazardous conditions if a property owner fails to do so within the required timeframe. Abatement orders are commonly issued for:

• Lead-based paint hazards
• Mold and indoor allergen issues
• Unsafe structural or façade conditions
• Lack of heat or hot water
• Severe pest infestations

Once issued, the clock starts ticking.

Immediate Consequences of Ignoring an Abatement Order

1. The City Will Enter Your Property

If the order is ignored, HPD or DOB has the legal authority to:

• Access the apartment or building
• Hire certified contractors
• Perform the necessary repairs or removals

Owner consent is not required once the order is active.

2. You Will Be Billed for the Work

All abatement work performed by the City is billed to the owner, including:

• Labor and materials
• Emergency response fees
• Administrative costs
• Follow-up inspections

City-performed work is often significantly more expensive than hiring your own contractor.

3. Civil Penalties and Daily Fines

Ignoring an abatement order can result in:

• Class B or Class C HPD violations
• Daily civil penalties until corrected
• Court enforcement actions

Fines can range from hundreds to thousands of dollars, increasing the longer the violation remains open.

4. Tax Liens and Legal Action

Unpaid abatement bills can lead to:

• Tax liens placed on the property
• Interest and penalties added to the balance
• Difficulty refinancing or selling the building

In severe cases, enforcement can escalate to foreclosure proceedings.

5. Increased Liability Exposure

If a tenant or passerby is injured due to an uncorrected hazard:

• The owner may face lawsuits
• Insurance claims may be denied
• Legal settlements can far exceed abatement costs

Ignoring known hazards significantly increases liability risk.

6. Repeat Inspections and Ongoing Scrutiny

Once an owner ignores an abatement order, the property may be flagged for:

• More frequent inspections
• Increased enforcement attention
• Reduced flexibility on future compliance deadlines

This can affect multiple units or buildings in an owner’s portfolio.

How to Avoid These Consequences

Act Immediately

As soon as an abatement order is issued:

• Review the violation details
• Contact qualified contractors
• Schedule repairs or abatement work

Use Certified Professionals

Many abatements (lead, asbestos, mold) require licensed or EPA-certified contractors. Improper work can result in additional violations.

Document Everything

Keep records of:

• Work orders
• Contractor certifications
• Completion photos
• Clearance testing reports

Submit proof of correction promptly.

Communicate With Tenants

Clear communication helps ensure access and avoids delays that could escalate enforcement.

Final Thoughts

Ignoring an abatement order in NYC almost always leads to higher costs, stronger enforcement, and increased legal risk. Acting quickly — even if the issue seems minor — is the best way to protect your property, your tenants, and your bottom line.