How HPD Lead-Paint Violations Are Corrected and Certified

1. Read the Notice of Violation carefully

Each HPD lead-based paint violation has an order number and a correction date. HPD’s lead-paint orders include Orders 616 and 617 (lead-based paint hazards and presumed hazards), 624 (inconclusive test results), and turnover-related Orders 621, 622, 623, and 625. The order number determines what work and documentation HPD expects, and which contest or postponement options may apply.

HPD classifies lead-based paint violations as Class “C” (immediately hazardous). Its general guidance lists a 21-day correction period for lead-based paint violations, but the date on your notice controls.

2. Hire an appropriately certified firm

HPD states that work to correct lead-based paint violations must be performed by an EPA-certified lead abatement firm that uses safe work practices, with EPA-certified lead abatement workers and supervisors. HPD also notes that the NYC Department of Health has barred certain companies from lead testing, dust sampling, analysis, or abatement, and that certifications involving those companies will be rejected.

3. Independent dust clearance testing

After the work, dust clearance sampling confirms whether the area is clear of lead-contaminated dust. HPD’s guidance says samples should be taken by an EPA-certified individual who is independent of the abatement firm, and analyzed by a New York State ELAP-certified laboratory. The sampler provides a certificate and an affidavit with the sample date and address.

4. Assemble the documentation

HPD’s certification instructions list documentation such as:

• A firm affidavit and a copy of the firm’s EPA certification
• Certifications for the workers and supervisors who did the work
• A description of the work performed in each room, or invoices for replaced components
• The dust clearance sampler’s affidavit and certificate
• The laboratory’s dust sample results

Specific requirements differ by order number, so follow the instructions that come with your notice.

5. Certify the correction on paper

Most HPD violations can be certified online, but HPD says lead-based paint violations must be certified on paper. Only the owner, management agent, corporate office, or party listed on the property registration may certify. Submit the form and attachments to the address and by the method stated on your notice and on HPD’s current violation page, on or before the correction date. HPD reinspects before clearing the violation, and false certifications carry penalties.

If you need more time or disagree with a violation

HPD allows owners to request up to two postponements for reasons such as technical difficulties, material, funding or labor shortages, or access problems, and generally requires requests at least five days before the correction date. Contesting is permitted only on limited grounds that depend on the order number. If the deadline has passed, HPD describes dismissal request options.

If a violation isn’t corrected

HPD states it may attempt to remediate the condition through its Emergency Repair Program and bill the owner, and civil penalties may apply.

Official sources

• HPD – Lead-Based Paint Violations: Correct and Certify Corrections
• HPD – Certification and instructions for Orders 621, 622, 623, 625 (PDF)
• HPD – Clear Violations
• HPD – Safe Work Practices

Working on a lead-paint violation? See how a violation inquiry works or call 347-243-1551.