Indoor Allergen Hazards (Mold, Mice, Roaches and Rats)

Violation Class Area of Mold Presence Pest Presence Days to Correct Violation Class A

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  • less than 10 square feet in a room within a dwelling unit
  • Less than 30 square feet or 50 square feet in the aggregate in any one level or a hallway or common area

– 90 Class B

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  • 10 to 29 square feet in a room within a dwelling unit
  • Equal to or greater than 30 square feet or 50 square feet in the aggregate in any one level or a hallway or common area

All other pests besides mice, rats, or cockroaches 30 Class C Equal to or greater than 30 square feet in a room within a dwelling unit Mice, rats, or cockroaches in any dwelling unit or common area 21

Correction and Certification

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Property owners are required to correct violations within a specified time frame (see chart above). The dates for Correction and Certification of Correction for violations can be found on the Notice of Violation. The date of Correction can also be found on HPDONLINE.

In accordance with Local Law 55, violations will be upgraded as follows.

Class A violations will be upgraded to a Class B violation, if:

  • The mold hazard has not been certified as corrected within the certification time period and HPD has re-inspected the violation within 70 days of the certification period and the condition still exists.
  • The Class A violation is falsely certified.

Class B violation will be upgraded to a Class C violation, if:

  • The mold hazard has not been certified as corrected within the certification time period and HPD has re-inspected the violation within 70 days of the certification period and the condition still exists.
  • The Class B violation is falsely certified.

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Only an owner, managing agent, officer of the corporation that owns the property, or party otherwise responsible for the property listed on the property registration may certify correction of the violation.

How to Certify

Complete the appropriate Certification of Correction Form below and attach the applicable documents:

  • Mold Certification of Correction Forms:
    • 10 Units or More (Class B or Class C Violations)
      • Affidavit of Mold Remediation (to be completed by the mold remediator and provided to you)
      • Affidavit of Mold Assessment (to be completed by the mold assessor and provided to you)
      • Contractors must each provide you with a copy of their NYS licenses as well as copies of their receipts for their job filings with DEP
    • Under 10 Units (all Class Violations) and 10 Units or More (Class A/Class B Upgraded Violations only)
  • Pests Certification of Correction Form

Post-Certification Violation Removal

Two conditions must be met to allow the removal of a mold violation issued after March 31, 2018 by HPD or a pest violation issued after January 19, 2019.

  1. An HPD inspection has visually determined that the violation was addressed.
    • If there has not already been such an inspection, you must file for a Dismissal Request and pay the appropriate fee for the reinspection. If HPDONLINE indicates that the violation is in DEFECT status, then the inspection has already been completed and HPD has verified that the condition was corrected.
  2. The appropriate affidavit(s) and required documents related to each violation, including an Affidavit indicating how the work was performed, must be submitted (with the Dismissal Request application, if that is required; if the Dismissal Request is not required, you can submit the Affidavit properly completed, by itself to the Borough Office for the borough in which the building is located).

Below are the required Affidavits and, for mold, specific instructions about which affidavit is required based on the date of the violation issuance, the size of the building and the class of the violation.

  • Mold Affidavit of Correction Forms (please read these instructions carefully):
    • Mold Affidavit of Compliance (AF-9) (Mold violations issued to any residential building with three or more units between March 31, 2018 and January 18, 2019)
    • Mold Affidavit of Compliance (AF-8) (Mold violations issued to any residential building with 10 or more units (class “B” or “C”) on or after January 19, 2019)
    • Mold Affidavit of Compliance (AF-7) (Mold violations issued to any residential building with 10 or more units (class “A” and upgraded class “B” only) or 10 or fewer units on or after January 19, 2019)
  • Pests Affidavit of Correction Form (AF-6)

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