Mold Violations and Orders: What Owners and Tenants Should Know

What laws govern mold (and related) violations

• Mold (and pest/indoor-allergen hazards) complaints are handled under Local Law 55 of 2018 — the “Asthma-Free Housing Act.” Under this law, for many buildings, owners must keep apartments and common areas free from visible mold, pests, leaks, and conditions that foster allergens. New York City Government+2Violation Watch+2
• The legal standard for mold in multiple dwellings is codified in NYC Housing Maintenance Code § 27-2017.3 (and related sections) defining what qualifies as a mold hazard violation. American Legal Publishing+1

How HPD classifies mold violations

When HPD issues a mold violation, it’s assigned a hazard class depending on the size/severity of the mold presence. American Legal Publishing+2New York City Government+2

Here’s a summary:

ClassWhen it appliesTypical correction timeframeClass A (Non-Hazardous)Visible mold less than 10 square feet in a room (or certain small-scale conditions in common areas subject to additional thresholds) American Legal Publishing+2HPD Signs+290 days to correct New York City Government+1Class B (Hazardous)Mold presence between 10 and 29 square feet in a room — or larger conditions in common areas (or aggregated across a floor/hall level) American Legal Publishing+2HPD Signs+230 days to correct after notice New York City Government+1Class C (Immediately Hazardous)Mold equal or greater than 30 square feet in a room — or large mold in certain common areas (or if prior corrections were falsely certified and mold persisted) American Legal Publishing+2HPD Signs+221 days after notice (for mold/pest/hazard violations) before formal enforcement begins. New York City Government+2New York City Government+2

Important: when mold is “immediately hazardous” (Class C), HPD or building owners may need to act fast — and unaddressed hazards can lead to further enforcement, emergency repairs, or orders to correct/vacate. New York City Government+2HPD Signs+2

Orders to Correct & “Underlying Condition” Orders

• If mold (or water-leak/pest) conditions appear in multiple apartments or stem from systemic building issues — like recurring leaks, inadequate waterproofing, faulty plumbing, roof or facade problems — HPD may issue an Underlying Conditions Order to Correct. New York City Government+2New York City Government+2
• Such orders require a building owner to investigate the root cause (e.g. through a licensed engineer or architect report), and—if conditions are confirmed—to remedy the underlying issue, not just apply quick cosmetic fixes. New York City Government+1
• Owners typically have four months to comply (plus potential extension). If they don’t act, HPD may step in to perform repairs, and bill the owner under the emergency repair program. New York City Government+1

What “Order Numbers” / Violations Look Like & How to Track Them

• HPD violations are issued via a Notice of Violation (NOV); each violation gets classified (A, B, C), which reflects hazard/urgency. New York City Government+1
• If a property has a systemic condition or multiple similar violations across units, HPD might elevate enforcement by issuing an Order to Correct (for example, an Underlying Conditions Order). On HPD records, such orders are often marked with a hazard class “I” (for “Order to Repair / Repair-Vacate / Underlying Condition Order”) rather than A/B/C. New York City Government+2HPD Signs+2
• Owners or tenants can check a property’s violation/order history using the publicly available HPDONLINE portal by entering the property address. New York City Government+1

Why the Classification Matters (For Tenants & Owners)

• For Tenants: The class determines urgency — especially Class C: mold that large or linked to systemic defects can be considered an immediately hazardous condition, giving tenants stronger grounds to demand prompt remediation or even withhold rent or seek legal action.
• For Owners: Mis-handling a violation (late correction, false certification, repeated issues) can lead to daily fines, forced emergency repairs by HPD, and potentially an Underlying Conditions Order. New York City Government+2New York City Government+2
• For Both: Under building-wide orders (Underlying Conditions), everyone in the property may be affected — not just a single apartment.

Common Mistakes Property Owners Make (You’ll Want to Avoid These)

• Treating mold as a cosmetic problem — simply wiping and repainting without addressing leaks or moisture sources. That usually leads to repeated violations.
• Trying to “certify correction” without actually remediating mold or fixing root causes (this can trigger upgrades of the violation or civil penalties). American Legal Publishing+2New York City Government+2
• Not using licensed professionals for remediation when required (especially for larger mold jobs or in buildings with many units). Under certain conditions, state-licensed mold assessors/remediators may be required. Violation Watch+2HPD Signs+2
• Ignoring repeated mold/pest/leak complaints — these increase the risk that HPD will issue an Order to Correct at the building level.

Conclusion — What to Do If You Get a Mold Violation or Order

If you’re a tenant or owner and receive a mold violation or Order from HPD:

1. Check your NOV carefully — note the class (A, B, C or I) and the deadline.
2. If you’re the owner, arrange remediation ASAP. For small mold (Class A), you might have more time; for larger hazards (Class C), treat it as urgent.
3. Investigate and fix the underlying cause — leaks, condensation, ventilation issues — or risk repeated violations or broader “Order to Correct.”
4. Use licensed professionals for remediation when required.
5. Keep documentation — photos, contractor reports/certificates, post-repair inspection results, and your HPDONLINE record — especially if you need to prove compliance or challenge a violation.