If an emergency condition is verified by the inspector, the last validly registered owner and managing agent of the property will be notified of said emergency condition by letter and/or by phone and instructed to repair the condition. If the owner fails to make the necessary repairs in a timely manner, HPD's Emergency Repair Program (ERP) may repair the condition. If HPD's ERP repairs the emergency condition, HPD, through the Department of Finance, will bill the owner for the cost of repairs. If the owner fails to pay the bill within 60 days, a lien is placed on the property.
(212) 863-5510
To ask about the status of emergency repair work in your apartment. This is for status requests only for ongoing HPD-sponsored emergency repair work that is already in progress. If your building owner fails to maintain your apartment and provide essential services, you need to report the condition to the City's Citizen Service Center at 311 (311 can be accessed outside of New York City by dialing (212) NEW YORK).
(212) 863-6020
To inquire about or request a copy of the invoice that supports an ERP bill, or to make an inquiry regarding payments or account balances. All new charges are being billed by the Department of Finance and must be paid at the Department of Finance. This can be done by mail, with the appropriate stub from the bill included, or at any of the five borough City Collectors Offices. In addition, please note that the telephone number listed above is an automated line with varying selections. As the message will not repeat itself, please pay careful attention to the selections given.
If the complaint is not an emergency, the owner will be notified that the condition should be corrected. If the landlord does not correct this condition, a tenant may initiate an action against the landlord in Housing Court. The court has the authority to order the landlord to correct the condition and can assess serious penalties for failure to comply. There is a $45 fee to file the action; the court may waive the fee if the tenant is unable to pay.
Procedure for Protesting Emergency Repair Charges
The Department of Housing Preservation and Development (HPD) attempts to contact property owners by both phone and by mail, before undertaking emergency repairs in privately owned buildings. To ensure proper notification by the agency to all owners of multiple dwellings (3 units or more) and owners of private dwellings (1-2 family homes) who do not reside in the City, it is essential that owners submit proper, annual registration for their property. It is also advisable that owners of private dwellings voluntarily register with HPD. Timely registration is in both the property owner's and the Department's interest to ensure that owners are notified about emergency conditions existing on their properties and for those owners to undertake repairs immediately.
In the event that HPD does conduct emergency repairs, all costs, including administrative fees and sales tax, will be billed to the property owner. If these costs are not paid, they will become a tax lien on the property. The Department of Finance sends a bill for the cost of any emergency repairs to the property owner and includes a general description of the work done.
The Housing Maintenance Code provides that, "if the owner does not within thirty days of service of such statement, notify the department in writing of his or her objection to the statement of expenses or any individual item therein, such owner may not in any subsequent judicial or administrative proceeding contest any item contained in such statement." Therefore, if a property owner wishes to protest the charges and/or has questions regarding the charges, he or she must submit a written protest, which may include a request for information (protest/inquiry), regarding the work to HPD's ERP Research and Reconciliation Unit within 30 days of the initial billing. If the owner submits a protest/inquiry within 30 days, documentation indicating the nature of the work done and the cost incurred by the city will be forwarded to the owner. At that point, the owner is advised in writing that if he/she intends to challenge any of the charges, a protest letter must be submitted within 30 days (of the date this documentation is forwarded by HPD), setting forth the specific basis for the protest together with any supporting evidentiary documents such as sworn affidavits, paid bills and canceled checks (front and back).
While the protest is under review, interest charges will not accrue. A final written determination regarding the protest will be sent to the property owner at the conclusion of the agency's review, indicating that the charges will be dismissed or that the protest is being denied and the charges must be paid immediately to the Department of Finance (or interest will begin to accrue). If the property owner wishes to challenge a denial of a protest, he/she must file an Article 78 proceeding within four months of HPD's final determination. If the property owner fails to make a protest/inquiry within 30 days, the property owner may still receive copies of the agency's documentation regarding the work completed but may not file a protest of the charges with HPD.
The protest/inquiry letter (with all supporting documents) should be forwarded to the HPD ERP Research and Reconciliation Unit (100 Gold Street, 4K7, New York, NY 10038). The Research and Reconciliation Unit can also be reached at 212-863-6020 and the fax number is 212-863-5912.
