Mold isn’t just an aesthetic nuisance — it’s a health and habitability issue that can trigger official violations from the NYC Department of Housing Preservation & Development (HPD). If you’ve received an HPD mold violation or are dealing with mold in your building, this guide explains what it means, what your responsibilities are, and how to resolve it effectively.
🏙️ What Is an HPD Mold Violation?
When an HPD inspector finds visible mold in a residential unit or common area, the agency can issue a mold violation under Local Law 55, also known as the Asthma-Free Housing Act. HPD classifies mold conditions based on size and health risk:
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Class A (Non-Hazardous): Smaller areas of mold (typically under 10 sq ft per room). You usually have up to 90 days to fix and certify correction.
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Class B (Hazardous): Mold covering between 10–29 sq ft in a room. This is serious and often triggers professional remediation requirements — with a 30-day correction window.
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Class C (Immediately Hazardous): Mold covering 30+ sq ft, or conditions posing a clear health risk. Immediate action (starting within 24 hours) and completion within 21 days is expected.
Violations also factor in building size — in larger buildings (10+ units), licensed mold assessors and remediators must be involved for most Class B and all Class C cases.
🧾 Why Mold Violations Matter
HPD violations are more than just paperwork. An open mold violation can:
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Trigger daily fines if not corrected on time.
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Lead to HPD enforcement through emergency repairs if ignored.
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Affect tenant health and property habitability.
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Impact landlord reputation and compliance history.
👣 What to Do If You Get a Mold Violation
✅ For Tenants
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Report mold and leaks promptly: Contact your landlord in writing and keep records. If nothing happens, file a complaint through 311 online or via phone — you’ll get a service request number to track progress.
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Document everything: Take before photos, keep emails or texts with the landlord, and note dates of complaints. This helps establish a timeline.
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Follow up with HPD: If your landlord doesn’t act, HPD may inspect and issue violations that legally require repairs.
If mold persists after inspection, you can escalate by involving local tenant advocacy groups, elected officials, or housing courts for enforcement support.
🏢 For Property Owners and Managers
Fix the root cause, not just the surface.
Mold is a moisture issue, so patching or painting over mold without addressing leaks, condensation, or ventilation problems won’t clear the violation and can lead to recurrences or even upgraded violation classes.
Follow these key steps:
✔ Hire licensed professionals when required. For buildings with 10+ units and larger mold issues, you must hire a NY State-licensed mold assessor and a separate licensed remediator.
✔ Remediate properly: Contain the work area, remove mold-damaged materials safely, clean and dry surfaces, and fix the underlying moisture source.
✔ Document thoroughly: Photos, contractor reports, invoices, and clearance certificates are essential when you certify the correction with HPD. Keep this documentation organized in case of re-inspection.
✔ File certification correctly: Use HPD’s certification system with all required paperwork. If HPD reinspects and finds the mold still present, the violation stays open and penalties continue.
🛑 Common Pitfalls to Avoid
• Ignoring the violation or missing deadlines — fines and enforcement escalate quickly.
• Failing to fix the moisture source — mold will almost always return.
• Using unlicensed contractors when the law requires licensing — this can lead to HPD and DOB enforcement issues.
• Inadequate documentation — without a clear timeline and proof of proper remediation, HPD may refuse to close the violation.
🔁 Prevention Is the Best Strategy
To avoid future violations, adopt proactive building maintenance:
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Perform annual inspections for mold, moisture, leaks, and ventilation issues.
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Upgrade bathroom and kitchen ventilation to reduce humidity.
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Fix plumbing leaks and roof or facade issues promptly.
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Use dehumidifiers in damp areas and monitor humidity levels regularly.
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Educate tenants on reporting moisture problems early.
Consistent care not only protects building occupants but also minimizes costs and legal hassles.
📌 Final Takeaway
HPD mold violations are serious — but they can be navigated with the right knowledge and actions. Whether you’re a tenant seeking safe living conditions or a property owner trying to stay compliant, understanding classification, timelines, remediation requirements, and documentation is essential to resolving mold issues effectively and maintaining healthy, code-compliant properties.