How To Clear An HPD Mold Violation (Step-By-Step)

HPD mold violations move fast, and so do the fines. Once that orange or white notice hits the lobby wall or a tenant’s door, the clock starts ticking. If we miss the deadlines, we’re looking at mounting penalties, possible emergency repairs by the city, and lingering issues that can trigger more NYC building violations down the line.

In this guide, we walk step‑by‑step through how to clear an HPD mold violation under Local Law 55 and related rules. We’ll cover how violations are classified, what HPD inspectors look for, how to work with licensed mold professionals, and how to certify correction correctly the first time.

Whether we’re managing a small six‑unit walk‑up or a 200‑unit portfolio, the basics of NYC property compliance are the same: find the moisture, fix it properly, document everything, and stay ahead of HPD complaints. Let’s start with what an HPD mold violation actually means for us and our tenants.

Understanding HPD Mold Violations

Understanding HPD Mold Violations

What An HPD Mold Violation Means For Owners And Tenants

An HPD mold violation is HPD’s way of saying the apartment or building has an indoor allergen hazard under Local Law 55 of 2018 and the NYC Housing Maintenance Code. Mold isn’t treated as a cosmetic issue: it’s a health condition tied to asthma and respiratory problems.

For owners and managers, an HPD mold violation means:

• Strict correction deadlines based on the violation class (A, B, or C)
• Potential daily civil penalties until we correct and certify
• The risk of HPD using its Emergency Repair Program (ERP) and billing us
• Exposure in housing court or tenant litigation if we don’t act

For tenants, it’s a formal finding that the apartment isn’t being kept mold‑free as required by law. That strengthens their position if they go to housing court or continue to call 311 about ongoing HPD complaints.

Local Laws And Codes That Apply To Mold Conditions

When we talk about HPD mold violations, we’re really talking about a cluster of laws and rules working together:

• NYC Housing Maintenance Code – requires owners to maintain safe, habitable conditions.
• Local Law 55 of 2018 (Indoor Allergen Hazards) – mandates that owners keep apartments free of mold and pests, and address underlying moisture.
• Local Law 61 of 2018 – requires NY State–licensed mold assessors and remediators for many jobs in larger buildings.

HPD’s overview of Local Law 55 is published on its site: https://www.nyc.gov/site/hpd/services-and-information/local-law-55.page

If our building is a “multiple dwelling” (three or more units), these requirements almost certainly apply.

Class A, B, And C Mold Violations Explained

HPD breaks mold conditions into three classes, based largely on size and severity:

• Class A (non‑hazardous)

Usually under 10 sq ft in a room or under 30 sq ft total on a floor. We typically get 90 days to correct. In many small buildings, the owner or super can handle this, as long as work is done safely.

• Class B (hazardous)

Typically 10–29 sq ft in a room or more significant mold that still doesn’t hit Class C thresholds. We usually have 30 days to correct. In buildings with 10 or more units, this level often triggers the requirement to use licensed mold professionals.

• Class C (immediately hazardous)
  30 sq ft or more in a room, mold caused by a serious leak, or conditions that present a clear health risk. We must start correction within 24 hours and finish within 21 days. HPD can step in with ERP if we don’t act.

Those size thresholds matter, because they dictate our timeline, who’s allowed to do the work, and how aggressively HPD can enforce.

How HPD Identifies And Classifies Mold Conditions

How HPD Identifies And Classifies Mold Conditions

Inspection Triggers: Complaints, Annual Inspections, And Emergencies

Most HPD mold violations start the same way: a tenant calls 311. That complaint becomes an HPD inspection request. Inspectors also issue mold violations during:

• Annual or routine building inspections
• Heat/hot water or leak inspections where they see mold incidentally
• Emergency responses (ceiling collapse, major leak, fire, etc.)

In practice, a single HPD visit might generate several NYC building violations at once, mold, leaks, peeling paint, pests, if the inspector finds multiple issues.

How Mold Is Measured (Square Footage And Location)

During an inspection, HPD notes:

• Exact location (apartment, room, or common area)
• Approximate square footage of visible mold
• Whether there’s an obvious source like an active leak or roof problem

They don’t usually break out a tape measure, but they estimate the area. Those estimates determine whether we get a Class A, B, or C violation. If we disagree with the size, proper documentation and post‑remediation reports become very important later on.

Each violation is tied to a specific code and violation number. HPD’s public database shows these details: we can cross‑check anytime.

For free lookups, use our NYC violation lookup tool to see HPD violations along with related DOB violations and other open issues on a property.

For official city data, HPD’s own Housing Maintenance Code violations search is here: https://hpdonline.hpdnyc.org/hpdonline/

Deadlines, Fines, And Legal Consequences

Deadlines, Fines, And Legal Consequences

Typical Deadlines To Correct Mold Violations

HPD assigns correction periods by class:

• Class A – usually 90 days to correct and certify
• Class B – generally 30 days
• Class C – start within 24 hours, complete within 21 days

These clocks aren’t suggestions. If we miss the certification deadline, the violation remains “open,” and penalties can stack up.

Penalty Structure And Escalation For Non-Compliance

If we don’t correct and certify on time, HPD can pursue:

• Daily civil penalties in Housing Court
• Higher penalties for repeat offenders or chronic buildings
• Upgrading a Class B to Class C if conditions worsen or appear misrepresented

The exact numbers vary by case and building history, but the pattern is consistent: the longer we leave an HPD mold violation open, the more expensive it gets.

When HPD Or The City Can Step In To Do Repairs

For Class C (immediately hazardous) mold violations that aren’t corrected promptly, HPD may send contractors through its Emergency Repair Program (ERP). The city then places a charge (a lien‑like debt) on the building for the repair cost, plus administrative fees.

Details on ERP and enforcement are outlined by HPD here: https://www.nyc.gov/site/hpd/services-and-information/emergency-repair-program.page

Once ERP work happens, we lose control over scope, schedule, and cost. Clearing the violation properly before HPD steps in is almost always cheaper and safer for long‑term NYC property compliance.

Step 1: Confirm The Violation Details And Time Frames

Step 1: Confirm The Violation Details And Time Frames

How To Read Your HPD Violation Notice

We start with the basics: what exactly did HPD write up?

On the paper notice, or in HPD Online, we’ll see:

• Violation number and violation code
• The class (A, B, or C)
• The address, apartment, and room (e.g., “APT 3F, bathroom ceiling”)
• The inspection date and correction deadline
• Whether this is a new or repeat condition

We should pull the official language from HPD’s system, not rely on memory or tenant descriptions.

Confirming Violation Type, Location, And Correction Date

In this first step, we verify:

• Is the class right? (A vs. B vs. C dictates our urgency.)
• Is HPD describing the correct apartment and room?
• Are there multiple mold violations in the same unit?
• What is the exact certification due date?

This is also when we check whether our building has fewer than 10 units or 10+ units. That single detail controls whether Local Law 61 requires a licensed mold assessor and remediator for Class B and C violations.

If we manage several properties, tools like ViolationWatch help us keep track of all open NYC building violations, correction dates, and HPD complaints in one place instead of juggling manual spreadsheets.

Step 2: Determine The Root Cause Of The Mold

Step 2: Determine The Root Cause Of The Mold

Key Questions To Ask When Investigating The Source

We can’t clear an HPD mold violation for good if we only wipe down the surface. The real question is: why is the area staying damp? We should ask:

• When did the tenant first see mold or staining?
• Did they notice any past leaks, drips, or overflows?
• Has another unit above, below, or next‑door had water issues?
• Is there a musty odor even where mold isn’t visible?

Getting this timeline from the tenant helps us match the mold to a likely moisture source.

Common Building Defects That Lead To Mold

In NYC multifamily buildings, we see the same patterns again and again:

• Roof leaks and failed flashing near parapets or bulkheads
• Cracked or poorly pointed masonry letting water in
• Aging risers and branch lines causing recurring pinhole leaks
• Bathroom ceilings under another unit’s tub or shower
• Poorly vented bathrooms and kitchens where steam has nowhere to go

Sometimes DOB violations for façade or roof issues are the root cause of repeated mold. If we’re seeing multiple mold violations along an exterior wall line, it’s a red flag we may need building‑wide envelope work, not just patching.

Hidden Moisture Problems And How To Detect Them

Not all leaks announce themselves with a dripping ceiling. Where mold keeps returning or the surface looks minor but feels soft, we should go deeper:

• Use moisture meters on walls and ceilings
• Use infrared cameras to spot cold, damp areas behind finishes
• Probe plaster or gypsum board to see how far damage extends

Licensed mold assessors typically perform this type of diagnostic work as part of their assessment. Even in small buildings, bringing in someone with the right tools can save us from repeated HPD mold violations from the same hidden leak.

Step 3: Hire Qualified Mold Assessment And Remediation Professionals

Step 3: Hire Qualified Mold Assessment And Remediation Professionals

When You Need A Licensed Mold Assessor Or Remediator

Under Local Law 61 and corresponding New York State rules, if our building has 10 or more residential units and HPD issues a Class B or C mold violation, we generally must:

• Hire a NY State–licensed Mold Assessor, and
• Hire a separate NY State–licensed Mold Remediation Contractor

Those two roles cannot be the same company. The assessor designs and later verifies the work: the remediator executes it.

For small Class A mold conditions in buildings with fewer than 10 units, owners or supers can sometimes do the work themselves, as long as they still follow safe practices and fully correct the moisture problem. But once we’re in larger‑building, Class B/C territory, licensed pros are effectively mandatory.

Selecting Vendors: Licenses, Insurance, And Experience

When we vet mold vendors, we should confirm:

• Active NY State mold licenses (assessor or remediator, as applicable)
• General liability and, ideally, pollution insurance
• Prior experience with HPD / Local Law 55 projects
• Familiarity with HPD’s affidavits and certification requirements

Quick way to sanity‑check: ask them to walk us through a recent HPD mold job, what HPD asked for, what forms they signed, whether there were any re‑inspections.

What A Mold Assessment Report Should Include

A solid mold assessment report gives us a roadmap and protection if questions arise later. At a minimum, it should describe:

• Specific locations and estimated square footage of mold
• Observed or suspected moisture sources
• Recommended remediation scope: which finishes to remove, where to open walls/ceilings, what to clean
• Containment requirements and personal protective equipment (PPE)
• A post‑remediation verification plan describing what the assessor will inspect or test before issuing clearance

This document becomes part of our permanent file in case HPD challenges the quality of work or if a tenant raises health claims down the road.

Step 4: Prepare The Apartment Or Building For Remediation

Step 4: Prepare The Apartment Or Building For Remediation

Coordinating Schedules To Meet HPD Deadlines

Once we have a plan, we need to align three moving parts:

1. The tenant’s availability
2. The mold remediator’s schedule
3. HPD’s correction and certification deadlines

On Class C violations, this can get tight. We should keep written records of all scheduling attempts, emails, text messages, notices on the door, in case HPD later questions why we missed a date.

Notifying And Protecting Occupants Before Work Begins

Good communication reduces conflict and delays. Before work starts, we should:

• Provide written notice of work dates and hours
• Explain scope in plain language: what rooms are affected, what’s being opened
• Warn tenants about noise, dust, and odors, and any requirement to be out of the unit during certain portions of the work

If a tenant has asthma, young children, or other health vulnerabilities, temporary relocation for at least part of the work may be appropriate. HPD and courts look favorably on owners who take reasonable steps to protect occupants.

Protecting Personal Property And Sensitive Areas

We’re still responsible for tenants’ belongings during remediation. Before workers arrive, we should:

• Ask tenants to move small or fragile items away from work areas
• Arrange for the contractor to cover furniture, floors, and remaining belongings with plastic sheeting
• Clarify who’s responsible for clean‑up outside the containment area

If we handle this badly, we might fix the mold but end up with a separate dispute over damaged property.

Step 5: Perform Mold Remediation In Compliance With HPD Rules

Step 5: Perform Mold Remediation In Compliance With HPD Rules

Setting Up Containment And Negative Air Pressure

Proper remediation is about control. To keep spores from spreading, the remediator should:

• Build plastic containment around work areas
• Use negative air machines with HEPA filtration to pull air from clean to dirty zones
• Seal HVAC registers, doors, and other openings where dust could escape

This is standard under industry guidelines like ANSI/IICRC S520 and aligns with Local Law 55 expectations.

Safe Removal Of Mold-Contaminated Materials

In most cases, visible mold on porous materials has to go. That usually includes:

• Gypsum board and plaster that are wet or crumbly
• Insulation
• Carpeting, carpet pad, and moldy baseboards

Workers should cut out damaged materials in controlled sections, bag them in the work area, and remove them through a planned route to minimize cross‑contamination.

Cleaning, Disinfection, And Drying Standards

Once the bad material is out, the job isn’t done. The team should:

• HEPA vacuum remaining surfaces
• Wipe non‑porous and semi‑porous materials with appropriate cleaning agents
• Thoroughly dry studs, subfloors, and cavities using air movers and dehumidifiers
• Verify that the underlying leak or moisture source has been corrected (plumbing repaired, roof patched, facade pointed, vents fixed)

If we skip the drying or the leak repair, mold will simply return, and so will HPD.

Disturbance Of Lead Paint, Asbestos, Or Other Hazards

In older NYC buildings, mold remediation can accidentally trigger other regulations. If demolition might disturb lead‑based paint or asbestos‑containing materials, we must:

• Use EPA‑certified lead‑safe firms and workers when required
• Follow NYC Department of Environmental Protection rules for asbestos

Ignoring these layers can turn a relatively contained HPD mold violation into a multi‑agency problem with DOB violations and DEP orders on top.

Quality Control: Post-Remediation Assessment

For Class B and C violations in larger buildings, the licensed Mold Assessor must:

• Inspect the areas after remediation
• Confirm that visible mold is removed and moisture issues addressed
• Possibly perform air or surface sampling (depending on the plan)
• Issue a post‑remediation clearance report

We should not certify the violation to HPD until this clearance is in hand. If HPD reinspects and still finds mold, we risk extra scrutiny on future certifications.

Step 6: Document All Work For HPD And Future Protection

Step 6: Document All Work For HPD And Future Protection

Photos, Invoices, And Reports You Should Keep

We want a paper trail that tells a clear before‑and‑after story. At minimum, we should maintain:

• Before photos of mold and any visible leaks or damage
• During photos showing containment, demolition, and repairs
• After photos once finishes are restored
• Copies of licenses and insurance for the assessor and remediator
• The mold assessment report and clearance report
• Invoices that list dates, locations, and scope of work

Storing this centrally, ideally linked to the specific violation number, makes life easier if HPD questions our certification.

Creating A Clear Timeline Of Events And Repairs

Beyond documents, a simple timeline is incredibly helpful. We note:

• Date of the tenant’s first complaint
• 311/HPD complaint number (if we have it)
• Inspection date and violation issuance
• Dates of assessment, remediation, and clearance
• Date we filed certification with HPD

If HPD or a court accuses us of delay or neglect, we can point to a concrete sequence showing when we acted.

How Documentation Protects You In Disputes Or Re-Inspections

Good records help on multiple fronts:

• HPD re‑inspections – We can show exactly what was done if the inspector still sees stains or questions the work.
• Insurance claims – Many policies only cover mold when tied to a covered water event: documentation of the leak and timing matters.
• Tenant disputes or lawsuits – We can demonstrate that we didn’t ignore complaints and followed recognized standards.

For ongoing oversight, we can also enroll properties in building violation alerts so we’re notified whenever a new HPD or related violation hits, instead of finding out weeks later from a mailed notice.

Step 7: Certify Correction Of The HPD Mold Violation

Step 7: Certify Correction Of The HPD Mold Violation

How To File A Certification Of Correction With HPD

Once work is fully complete, and clearance is issued where required, we’re ready to certify. We generally have two options:

• File online through HPD’s eCertification system (for registered owners/agents)
• Submit paper forms by mail or in person, if we’re still on older processes

For mold, HPD uses specific affidavit forms that may vary based on:

• Violation date
• Building size (under or over 10 units)
• Violation class and scope

We must follow HPD’s instructions exactly, including any notarizations.

What To Expect After You Submit Certification

After submission, HPD will:

• Mark the violation as “certified” in its system, and
• Decide whether to schedule a re‑inspection

For serious or repeat violations, re‑inspections are common. If an inspector finds that mold is gone and surfaces are properly repaired and painted, the violation is typically marked “closed.”

Dealing With Re-Inspections Or Rejected Certifications

If HPD rejects the certification or fails us on re‑inspection, we need to:

• Identify what condition they still see (residual staining, dampness, recurring leaks)
• Bring the assessor and remediator back, if necessary
• Correct any remaining issues and update our documentation

During this limbo period, penalties can continue to accrue, especially on Class C issues. This is where staying organized, and responding quickly, really pays off.

If we want automatic visibility into new issues going forward, we can get instant alerts whenever your building receives a new violation, sign up for real-time monitoring using ViolationWatch’s building violation alerts service.

Step 8: Prevent Future Mold Violations

Step 8: Prevent Future Mold Violations

Moisture Control And Ventilation Improvements

The best mold violation is the one HPD never writes. Long term, we should focus on:

• Proactively fixing roof and façade issues instead of patching every storm
• Insulating cold surfaces that sweat and create condensation
• Making sure bathroom and kitchen fans work and actually vent outdoors
• Adding or upgrading exhaust fans in chronically humid spaces

These upgrades aren’t just about mold, they reduce other NYC building violations tied to leaks and structural damage.

Ongoing Maintenance Routines For High-Risk Areas

Certain spots deserve extra attention:

• Top‑floor apartments under the roof
• Basement and cellar spaces
• Exterior‑wall apartments with prior leaks
• Bathrooms under other wet rooms

Regular walkthroughs by supers or building staff, with notes on any staining or musty odors, can catch problems months before they rise to the level of an HPD mold violation.

Educating Tenants On Reporting Leaks And Mold Early

Tenants are our early‑warning system, if we train them. We can:

• Add a short mold and moisture addendum to leases
• Post simple guidance in common areas about reporting leaks immediately
• Encourage tenants to use exhaust fans, avoid blocking vents, and heat/ventilate properly in winter

We should make it easy to report problems: email, portal, or a dedicated maintenance number. If tenants feel ignored, they call 311, and we’re back in reactive mode.

Addressing Repeat Violations And Chronic Conditions

If the same apartment or line of apartments keeps getting mold violations, it’s usually a sign we’ve under‑addressed the root cause. In these cases, we may need:

• Larger‑scale plumbing replacements
• Roof or façade capital projects
• Professional building envelope evaluations

From an investment standpoint, it’s often cheaper to fix the building system once than to keep paying for piecemeal repairs, fines, and HPD complaints every year.

Special Situations And Common Challenges

Special Situations And Common Challenges

Handling Tenant Access Problems And Non-Cooperation

Sometimes we’re ready to work, and the tenant won’t open the door. To protect ourselves, we should:

• Send written access notices with proposed dates and times
• Offer reasonable alternatives if the tenant can’t make it
• Keep copies of all letters, emails, and text messages

If HPD later questions why the violation is still open, we can show that lack of access, not inaction, caused the delay. In more serious cases, legal action for access may be necessary.

What To Do When You Disagree With A Violation

Occasionally, we walk into the unit and find no mold, just old staining, or work that was already completed before the inspection. In those cases, we can:

• Gather photos and professional reports showing the actual condition
• Consider contacting HPD to clarify the record
• In some situations, raise the issue through administrative or court processes

Legal advice can help us decide whether to challenge a violation or simply correct and certify.

Insurance, Budgeting, And Working With Property Managers

Insurance coverage for mold is highly policy‑specific. Many carriers limit mold coverage or only pay when it stems from a sudden, covered water event (like a burst pipe). To maximize our chances:

• Report qualifying leaks to insurance promptly
• Provide documentation of damage, remediation, and timing
• Coordinate with our property managers so claims and repairs move in sync

If we manage multiple buildings or work with third‑party managers, centralized tracking of HPD, DOB, and other NYC building violations becomes critical for both budgeting and compliance.

When To Consult An Attorney Or Housing Specialist

We should consider legal or specialist help when:

• We face repeated Class B or C mold violations in the same units
• Tenants allege harassment or intentional neglect
• There are claims of health impacts, rent abatements, or constructive eviction
• HPD, the court, or the city’s ERP has already stepped in

An attorney familiar with housing code enforcement in NYC can help us navigate stipulations, consent orders, or building‑wide remediation plans that minimize long‑term risk.

Conclusion

Conclusion

Clearing an HPD mold violation isn’t about throwing bleach at a wall: it’s about understanding the law, moving fast, and dealing with the moisture problem at its source. When we read the notice carefully, bring in the right licensed professionals, document every step, and stay ahead of deadlines, we turn a crisis into a manageable repair project.

Keeping up with NYC building violations, DOB violations, and HPD complaints across a portfolio can be a full‑time job. Tools like ViolationWatch and its NYC violation lookup tool help us spot problems early and monitor compliance over time. Get instant alerts whenever your building receives a new violation, sign up for real-time monitoring through building violation alerts so HPD issues never catch us off guard again.

If we stay proactive, inspecting high‑risk areas, educating tenants, and investing in long‑term building repairs, we can keep mold in check and our properties compliant, healthy, and profitable for the long run.

Frequently Asked Questions About Clearing an HPD Mold Violation

What is an HPD mold violation under Local Law 55?

An HPD mold violation is a formal finding by NYC’s Department of Housing Preservation and Development that an apartment or building has an indoor allergen hazard, usually mold and underlying moisture, in violation of Local Law 55 and the Housing Maintenance Code. It carries strict correction deadlines, potential fines, and legal exposure for owners.

How do I clear an HPD mold violation step-by-step?

To clear an HPD mold violation, confirm the violation class and deadline, identify and fix the moisture source, hire a licensed mold assessor and remediator when required, perform remediation with proper containment and drying, document all work with photos and reports, then certify correction to HPD using the appropriate affidavits before the due date.

What happens if I miss the deadline to correct an HPD mold violation?

If you miss HPD’s correction and certification deadline, the violation stays open and daily civil penalties can accrue. For serious (Class C) conditions, HPD may use its Emergency Repair Program, hire contractors to do the work, and bill the owner with added administrative fees, similar to a lien against the property.

When do I need a licensed mold assessor and remediator to fix HPD mold violations?

In most NYC residential buildings with 10 or more units, Class B and Class C HPD mold violations trigger Local Law 61 requirements. You must hire a New York State–licensed Mold Assessor to design and clear the job and a separate licensed Mold Remediation Contractor to perform the work; they cannot be the same company.

Do tenants have to move out during mold remediation for an HPD violation?

Not always. For small, contained projects, tenants may remain in the apartment if work areas are properly sealed and ventilation is controlled. For larger Class B or C conditions, or when occupants have asthma, young children, or other vulnerabilities, temporary relocation for at least part of the remediation is often recommended for safety and comfort.

How can I prevent future HPD mold violations in my building?

Preventing future HPD mold violations starts with moisture control: repair roof and façade issues proactively, fix plumbing leaks quickly, ensure bathrooms and kitchens have working exhaust fans that vent outside, and monitor high‑risk units (top floors, basements, leak‑prone lines). Educate tenants to report leaks and visible mold early through clear, easy maintenance channels.