If you own or manage residential property in New York City, HPD violations are more than just annoying notices, they can block refinancing, stall sales, and trigger fines or litigation. Tenants see them as a sign that a building isn’t being maintained. Somewhere between “this violation is wrong” and “this violation has been fixed” sits an important tool: the HPD Dismissal Request.
In this guide, we’ll break down what an HPD Dismissal Request actually is, when it’s appropriate, how to file one step by step, and what both owners and tenants should understand about the process. Our goal is to demystify the paperwork so you can approach HPD issues with a clear strategy instead of guesswork.
Understanding HPD And Housing Violations
The New York City Department of Housing Preservation and Development (HPD) is the agency that enforces the Housing Maintenance Code for most residential buildings. HPD’s job is to make sure buildings are safe, habitable, and properly maintained.
When HPD inspects a building and finds a problem, it can issue a violation. These violations are public records, and anyone can look them up through tools like Violation Watch NYC or HPD’s own HPDONLINE portal. Owners and managers should assume lenders, potential buyers, and even tenants are checking these records.
Common Types Of HPD Violations
HPD violations are classified by severity:
- Class A (non-hazardous) – Issues that still need correction but don’t pose immediate danger. Examples:
- Minor peeling paint (not involving lead)
- Missing signs or notices
- Small cracks or cosmetic defects
- Class B (hazardous) – More serious conditions that affect habitability. Examples:
- Lack of hot water at required temperatures
- Broken window guards where required
- Moderate leaks, mold, or pest conditions
- Class C (immediately hazardous) – Urgent, dangerous issues requiring fast correction. Examples:
- No heat during the heat season
- Lead-based paint hazards involving young children
- Severe leaks, collapsing ceilings, or exposed wiring
HPD details these categories and timelines on its official Housing Maintenance Code enforcement page.
Why HPD Violations Matter To Owners And Tenants
For owners and managers, HPD violations can:
- Show up in due diligence when trying to refinance or sell a building
- Lead to civil penalties and fines if corrections or certifications aren’t filed
- Trigger litigation, including Housing Court actions or emergency repairs by HPD (which become liens)
- Damage the building’s reputation when violations appear on public lookup tools like this HPD violation search interface
For tenants, HPD violations are often the paper trail that proves ongoing problems:
- They can be used as evidence in Housing Court or rent disputes
- They help show patterns of neglect or non‑compliance
- They may influence whether a tenant feels safe staying in a unit
An HPD Dismissal Request intersects both sides: owners typically file it, but the outcome can directly affect the level of protection and documentation tenants have.
Definition Of An HPD Dismissal Request
An HPD Dismissal Request is a formal request asking HPD to remove one or more violations from the record because they were issued in error, are no longer applicable, or otherwise should not remain open.
It’s not the same as simply fixing a problem. Instead, it’s about convincing HPD that a violation shouldn’t be counted at all, either because it never should’ve been issued, because HPD misidentified the condition, or because the underlying situation has changed (for example, a tenant vacated and a condition no longer exists in the same form).
HPD explains aspects of this process in its public guidance on violations and certifications, although the actual practice often involves more nuance than the basic instructions suggest.
How A Dismissal Request Differs From Correcting A Violation
We often see owners confuse three related but different actions:
- Correcting a violation
This means physically fixing the issue. For example, restoring heat, repairing a leak, or removing mold.
- Certifying correction
After the work is done, the owner files a Certification of Correction with HPD, typically through HPD’s online portal. This tells HPD, “We fixed it: please close it,” and HPD may follow up with a re‑inspection.
- Requesting a dismissal
Here, the message is different: “This violation is wrong or should not remain on record.” We’re not asking HPD to just mark it corrected, we’re asking HPD to wipe it out entirely.
Sometimes we use both approaches:
- Correct and certify the condition and then file a Dismissal Request if, for example, the violation was misclassified as Class C when it should’ve been Class A.
When A Dismissal Request Is Appropriate (And When It Is Not)
Appropriate scenarios:
- Clearly erroneous violations
Example: HPD tags the wrong apartment or even the wrong building, but the notice lands on your property record.
- Conditions already corrected before the inspection
If you can show with photos, permits, or contractor records that the problem was already resolved before HPD’s inspection date.
- Violations based on misunderstandings of legal requirements
For instance, a notice about a supposed missing sign or device where the code doesn’t actually require it in that type of building.
- Violations for space no longer in residential use
If a unit is legally altered with approved plans and no longer subject to the specific requirement HPD cited.
Generally not appropriate:
- When the violation is accurate and you simply haven’t fixed the issue yet
- When you’re trying to avoid penalties without actually addressing life‑safety problems
- When the dispute is really about tenancy or rent, not building conditions (that’s usually for court, not HPD admin staff)
If you’re not sure whether dismissal fits your case, looking at a complete violation history through resources like this HPD violations lookup or the HPD portal can help you see patterns and decide if a targeted dismissal strategy makes sense.
Eligibility And Pre‑Conditions For Filing A Dismissal Request
Not every violation is a good candidate for dismissal. HPD is cautious about scrubbing its records, particularly when public safety or repeat non‑compliance is involved.
Situations Where Violations May Be Dismissed
In our experience, Dismissal Requests have the best chance when:
- The violation is factually wrong
- Wrong apartment or floor noted
- Condition doesn’t exist as described
- Building type is misidentified (e.g., HPD assumes it’s multiple dwellings when it’s legally something else)
- The violation conflicts with other official records
- DOB permits or sign‑offs prove work is code‑compliant
- HPD’s own earlier inspection notes contradict the new violation
- City records show a unit as vacant when HPD cites a tenant‑specific issue
- The condition is truly obsolete
For example, a violation on equipment that’s been permanently removed and legally replaced, supported by permits from the NYC Department of Buildings.
- HPD policy supports dismissal
Some violation types, such as duplicates or certain administrative errors, are more routinely dismissed when documented properly.
Situations Where Dismissal Is Unlikely Or Impossible
We should assume HPD will resist dismissing:
- Serious Class C conditions that clearly existed (no heat, lead paint hazards, gas leaks, etc.)
- Violations supported by strong photographic evidence from HPD
- Cases where the building has a history of similar violations over time
- Violations that are already in litigation (e.g., part of a Housing Court case or HPD enforcement action)
In these cases, owners are usually better off focusing on:
- Fast, verifiable correction
- Prompt Certification of Correction
- Preparing for re‑inspection and ensuring the fix will pass
Before preparing a Dismissal Request, it’s smart to pull the full violation record, both through HPD’s portal and independent tools like Violation Watch NYC’s public lookup, so we’re not blindsided by older, related issues that make dismissal harder.
Step‑By‑Step Process For Filing An HPD Dismissal Request
The exact process can vary slightly by borough and violation type, but most HPD Dismissal Requests follow the same general structure.
Gathering Documentation And Evidence
Strong documentation is everything. Before we even touch a form, we try to assemble:
- The violation details
- Violation number
- Date of issuance
- Inspector name if available
- Apartment or location within the building
- Evidence that the violation is wrong or obsolete
- Time‑stamped photos or videos
- Contractor invoices, work orders, or completion certificates
- DOB permits and sign‑offs showing legal, inspected work
- Prior HPD reports or inspections contradicting the violation
- Legal and regulatory support
Citations to the Housing Maintenance Code or HPD’s own guidance can carry weight, especially where the issue is about legal interpretation. HPD references are often drawn from the NYC Administrative Code and housing regulations, which are publicly available.
We also pull a full violation snapshot from both HPD and services like this real‑time violation search to avoid missing related entries.
Submitting The Request: Forms, Portals, And In‑Person Options
HPD accepts Dismissal Requests in several ways, depending on the violation type and current agency procedures:
- Online submission
Some requests may be submitted via HPD’s electronic portals alongside certifications or owner statements.
- Mail or email
In many cases, we prepare a formal letter explaining:
- The violation at issue
- The basis for requesting dismissal
- A summary of supporting evidence
Then we attach copies of all documentation and submit it as directed by HPD’s borough office.
- In‑person or by appointment
For complex or high‑impact matters (for example, a violation affecting a sale closing), it can help to discuss the case with HPD staff or legal representatives, especially where an administrative or legal conference is already on the calendar.
Regardless of channel, a good Dismissal Request usually includes:
- Clear identification of the violation(s) by number and date
- A concise explanation of why dismissal is justified
- A list of attached documents, labeled and easy to follow
- Contact information for follow‑up
Inspections, Follow‑Up, And Timelines
Once HPD receives a Dismissal Request, several things might happen:
- Paper review only – For obvious clerical errors, HPD may dismiss based solely on records.
- Follow‑up inspection – An inspector may visit again to confirm conditions. If we’ve truly resolved or disproved the issue, this can work in our favor.
- Partial relief – Sometimes HPD will agree to downgrade or modify a violation rather than dismiss it entirely.
Timelines can vary:
- Straightforward requests may be resolved in a few weeks.
- Complex ones, especially those tied to court or multiple agencies, can take months.
We always:
- Track the request status using HPD’s portal and independent tools like Violation Watch NYC
- Keep copies of everything submitted
- Calendar follow‑ups, especially if a sale, loan, or legal deadline is approaching
If we’re approaching a closing or refinance, we try not to rely on last‑minute dismissals: instead we plan for alternative strategies (escrows, representations in contracts, etc.) in case HPD doesn’t act in time.
Costs, Risks, And Common Pitfalls
HPD Dismissal Requests can save money and clean up a building’s history, but they’re not risk‑free.
Fees, Fines, And Impact On Property Records
Key financial and record‑keeping considerations include:
- Penalties may keep accruing
Filing a Dismissal Request doesn’t always pause fines or enforcement. If HPD believes the underlying condition still exists, you may still face penalties until it’s corrected.
- Liens and emergency repair charges
For serious conditions, HPD can perform emergency repairs and place a lien on the property. Those charges remain even if other violations are later dismissed. Details are outlined in HPD’s guidance on Emergency Repair Program (ERP).
- Recorded history
Violations and dismissals become part of the property’s public story. A clean dismissal can help, but a long trail of serious violations, dismissed or not, can still concern lenders or buyers.
Mistakes That Lead To Denied Or Delayed Dismissal Requests
We see the same errors over and over:
- Weak or missing documentation
Simply saying “this is wrong” rarely works. HPD wants photos, permits, letters, and a clear narrative.
- Trying to use dismissal as a shortcut
If the condition obviously existed, HPD is unlikely to erase the record just because the owner doesn’t like it. Dismissal isn’t a substitute for actual repairs.
- Ignoring deadlines or related actions
Owners sometimes assume that because a Dismissal Request is pending, they can skip certification of correction or court dates. That miscalculation can be expensive.
- Disorganized submissions
HPD staff handle a high volume of cases. If our packet is chaotic, unlabeled photos, missing violation numbers, no clear explanation, we’re increasing the odds of delay or denial.
Avoiding these pitfalls starts with treating the Dismissal Request as a formal legal submission, not a quick email complaint.
Practical Tips For Owners, Managers, And Tenants
HPD Dismissal Requests touch everyone who lives and works in a building. A bit of organization upfront can save months of frustration later.
How Owners And Managers Can Prepare Strong Requests
We recommend owners and managers:
- Keep a violation log
Track each violation with notes, photos, and deadlines. Use tools like Violation Watch’s lookup plus HPD’s site so nothing slips through.
- Document everything in real time
When you perform repairs or inspections, collect:
- Time‑stamped photos (before, during, after)
- Contractor invoices and licenses
- Permits and inspection reports
- Align facts with the law
Make sure your argument lines up with the Housing Maintenance Code, current HPD policy, and any relevant state or city rules. Cross‑checking with official resources like the NYC Mayor’s Office to Protect Tenants can help ensure you’re not missing a key requirement.
- Be selective
Not every violation needs or deserves a Dismissal Request. Focus on ones that are clearly mistaken or that seriously affect financing, sales, or legal exposure.
What Tenants Should Know About HPD Dismissal Requests
From a tenant’s perspective, Dismissal Requests can feel like the owner trying to erase the record of a bad condition. Sometimes that’s true: sometimes it’s just a correction of an error.
Tenants should:
- Monitor their unit and building record
Use free tools, including Violation Watch NYC and HPD’s portal, to see what violations exist and whether they’re marked as corrected or dismissed.
- Keep their own evidence
If a condition existed, especially one affecting health or safety, photos, emails, 311 complaint numbers, and medical or repair records can be important. This documentation can matter if there’s a dispute later.
- Understand their rights
Tenants have rights under state and city law to safe, habitable housing. Resources like the Legal Aid Society’s tenant rights materials can help clarify options if violations are being handled in a way that undermines those rights.
If a tenant believes a Dismissal Request is being misused to hide serious problems, they may want to consult a tenant attorney or legal services provider.
When To Seek Professional Help
Given the stakes, fines, liens, delayed closings, and tenant safety, there are times when professional help pays for itself:
- Multiple serious Class B or C violations
- Active enforcement or Housing Court cases
- Properties with complex histories or prior legal agreements
- Conflicts between HPD, DOB, and other agencies’ records
Attorneys, experienced property managers, and specialized compliance consultants can:
- Analyze whether dismissal is realistic
- Draft persuasive, legally grounded submissions
- Coordinate inspections and negotiations with HPD
At a minimum, we recommend getting professional input when a violation is holding up a sale, refinancing, or major project. The cost of a delayed closing often dwarfs the cost of doing the dismissal process right the first time.
Conclusion
An HPD Dismissal Request is a targeted tool, not a magic eraser. It’s designed for violations that never should have been issued, no longer apply, or clash with better evidence and legal requirements.
For owners and managers, using Dismissal Requests effectively means:
- Knowing which violations to fight and which to simply fix
- Building a clean, well‑documented case
- Tracking every step across HPD records and public lookup tools
For tenants, it means understanding how HPD records work, monitoring what gets dismissed, and documenting conditions independently.
If we treat each HPD violation as part of a larger story about building safety and compliance, and we use Dismissal Requests carefully within that story, we can protect both our properties and the people who live in them, while keeping the public record accurate and reliable.
Key Takeaways
- An HPD Dismissal Request is a formal petition asking New York City’s HPD to remove a violation from the public record because it was issued in error, is obsolete, or legally inapplicable.
- An HPD Dismissal Request is different from simply correcting a violation; correction fixes the physical issue, while dismissal seeks to erase the violation itself from HPD’s records.
- Dismissal is most realistic when the violation is factually wrong, conflicts with official records, or relates to a condition or space that no longer exists as cited, and is unlikely for clear, serious Class C conditions.
- A strong HPD Dismissal Request relies on detailed documentation—photos, permits, inspection reports, and legal citations—organized into a clear, concise explanation for HPD staff.
- Owners and managers should track all HPD violations, be selective about which ones to challenge, and avoid using dismissal as a shortcut for real repairs, while tenants should monitor records and keep their own evidence of housing conditions.
- Because HPD violations affect financing, sales, fines, and tenant safety, complex or high‑stakes cases often warrant help from attorneys or experienced compliance professionals.
Frequently Asked Questions About HPD Dismissal Requests
What is an HPD Dismissal Request in New York City?
An HPD Dismissal Request is a formal submission to the NYC Department of Housing Preservation and Development asking that one or more violations be removed from the property’s record. It’s used when a violation was issued in error, is no longer applicable, or conflicts with better evidence or legal requirements.
How is an HPD Dismissal Request different from certifying correction of a violation?
Certifying correction tells HPD that you fixed the problem and want the violation closed as corrected. An HPD Dismissal Request argues the violation itself is wrong or obsolete and should be wiped from the record. In some cases, owners both correct the issue and then seek dismissal or reclassification.
When is it appropriate to file an HPD Dismissal Request?
A Dismissal Request is appropriate when violations are factually wrong, tied to the wrong apartment or building, based on conditions already corrected before inspection, misinterpret legal requirements, or relate to space no longer in residential use. It’s generally not appropriate if the condition clearly existed and simply hasn’t been repaired.
What documentation do I need to support an HPD Dismissal Request?
You should assemble the violation number, date, location, and inspector details, plus evidence showing the violation is wrong or obsolete. That usually includes time‑stamped photos, contractor invoices, permits and DOB sign‑offs, prior HPD inspection reports, and citations to the Housing Maintenance Code or HPD guidance supporting your position.
How long does an HPD Dismissal Request take, and can I stop fines while it’s pending?
Timelines vary: straightforward HPD Dismissal Requests may be resolved in weeks, while complex or court‑related cases can take months. Filing a request typically does not pause penalties. If HPD believes the underlying condition still exists, fines and enforcement can continue until the issue is corrected and properly certified.
Can tenants challenge or respond to an owner’s HPD Dismissal Request?
HPD doesn’t provide a formal “objection” form for tenants, but they can protect themselves by documenting conditions, saving 311 complaint numbers, and monitoring the building’s HPD record. If they believe a dismissal hides serious issues, tenants can raise it in Housing Court or consult legal aid or tenant attorneys for next steps.