received nyc hpd local law 55 mold violation in brooklyn apartment - how to certify correction in 21 days to avoid $250/day fines?

Question

property manager for a 12-unit brownstone building in brooklyn ny (bed-stuy). we just received an official Class C Hazardous Mold Violation from NYC Department of Housing Preservation & Development (HPD) under Local Law 55 of 2018.

the notice gives us exactly 21 calendar days to certify correction, or HPD assesses civil penalties of $250 per day plus $50 per day per violation.

what specific NYS-licensed contractors are required by New York City law to clear this violation, and what exact paperwork must be submitted electronically on the HPD e-Services portal to close out the violation?

Antonio · Accepted Answer

Direct Answer:  To clear an NYC HPD Local Law 55 Class C violation and avoid $250/day civil penalties, you must: (1) hire an independent NYS-Licensed Mold Assessment Consultant (MAC) to produce a Mold Remediation Plan, (2) hire a separate NYS-Licensed Mold Remediation Contractor (MRC) to perform work under ANSI/IICRC S520 containment, (3) obtain a passing Post-Remediation Assessment (Form 504B), and (4) submit the electronic Certification of Correction on HPD e-Services within 21 days. 
 Under NYC Administrative Code Section 27-2017.8 and NYS Labor Law Article 32, building owners are strictly prohibited from using maintenance staff or general handymen to remediate mold over 10 square feet. In addition, state law mandates a strict separation of assessment and remediation: the company that tests cannot be the company that remediates. 
 The 4-step NYC HPD 21-day cure protocol: 
 
    Day 1–3: NYS Mold Assessment:  Licensed assessor inspects apartment and writes required Mold Remediation Plan. 
    Day 4–7: Licensed Remediation:  Contractor executes negative air containment, HEPA scraping, and botanical sealing. 
    Day 8–10: Independent PRV Clearance:  Assessor pulls clearance air samples and signs HPD Form 504B. 
    Day 11: Electronic HPD Sign-Off:  Owner uploads Form 504B and contractor license details on HPD e-Services. 
 
 Call our NYC licensed emergency team at  (855) 215-6261  for immediate Local Law 55 clearance.

michael_b_ny · Answer

As an NYC property manager: Do NOT ignore the 21-day clock. If day 22 hits without the Form 504B uploaded to e-Services, HPD's automated billing triggers the $250/day penalty and puts an administrative hold on your building's Certificate of Occupancy.

brian_t_gc · Answer

The separation of assessor and remediation contractor is enforced ruthlessly by NYS DOL inspectors. Make sure your two firms have different corporate tax IDs.

michael_b_ny · Answer

How long does HPD usually take to close out the Class C violation on the public portal after the landlord uploads the clearance?

michael_b_ny · Answer

Under NYC HPD rules, once your certified contractor files the electronic Form 504B cure certification with the independent PRV lab test attached, HPD's system updates within 3 to 5 business days.

Antonio · Answer

Important: In NYC, Local Law 55 mandates that the remediator and the mold assessor MUST be two separate, independent NYS-licensed companies. Under NYS Labor Law Article 32, a single firm cannot do both testing and remediation on the same project.

stephanie_l_va · Answer

True! Title companies in NYC check the HPD building portal religiously before closing co-op and condo sales.

michael_b_ny · Answer

Update:  Had the certified crew here yesterday with HEPA scrubbers. They replaced the bathroom drywall and sealed with mold-resistant primer.

michael_b_ny · Answer

Final Update:  Form 504B uploaded to HPD e-Services today on Day 12! Violation status changed to 'DEFECT DISMISSED' on the HPD portal. Huge load off our shoulders!

received nyc hpd local law 55 mold violation in brooklyn apartment - how to certify correction in 21 days to avoid $250/day fines?

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