HPD Mold Violations: What the 10 Square Foot Rule Means for NYC Tenants
You spot mold in your apartment. You call 311. Then, an HPD worker comes in. The worker looks at the wall and writes what the problem is. The type of problem is A, B, or C. It depends on how much mold the inspector can see on the wall.
That number tells you when you need to do something, what rules your building owner needs to follow, and how much repair work needs to be done. If you know how HPD looks at the size of mold before you make a report, you can make sure the complaint fits what is really in your place.
How HPD Uses Square Footage to Classify Mold Violations
HPD splits mold violations into three groups. They sort them by the size of the mold. There is a clear line between the groups. But what happens with each group is not simple.
A Class A issue means the person sent by HPD saw mold that was under 10 square feet in a room. HPD says this is “not dangerous.” You will have 90 days to fix the problem if you own the place. In many places, the owner can clean up the mold by themself. They can also go to HPD's allergen page and say it is finished. No one from the outside has to come in and say if the job is done right. HPD’s FY25 Allergen Report shows that about 62% of all problems with mold fall into this type.
When there is mold in an area between 10 to 29 square feet, it is called a Class B issue. A problem of that size is seen as “hazardous.” You have 30 days to fix it. If there are 10 or more places where people live in the building, Local Law 55 of 2018 says the owner must bring in a licensed person to look for mold. A different licensed person must then be hired to remove the mold. These two types of work can not be done by the same company. Both workers need to send the right forms to the NYC Department of Environmental Protection.
A Class C problem happens when the space is at least 30 square feet. You need to begin the work in 24 hours. The work must be done within 21 days.
In 2024, HPD gave out over 47,000 mold violations across the city. The rules change if the mold area is 10 square feet or more. For areas under this size, your building owner gets three months to fix it, and the owner can say they did the work. If it is bigger than 10 square feet, the work must be done by trained companies, and they have 30 days to take care of it.
What Happens When a Violation Goes Uncorrected
A violation is not always at the same level. Under Local Law 55, HPD will make it more serious if the deadline passes and it does not get fixed the right way.
If the owner does not file on time and HPD comes back after 70 days, but the mold is still there, a Class A issue will turn into a Class B issue. The same thing will happen if someone gives false papers. A Class B issue can turn into a Class C issue if this happens again.
The HPD penalty schedule shows what you have to pay if you do not fix a problem. Fines can be between $10 and $125 for each day, but they can go up to $10,000. If someone gives fake proof that a problem is fixed, they may have to pay from $50 up to $1,000, based on what the problem is. If a person keeps doing this, their name goes on HPD's Certification Watchlist. This stops them from sending in easy paperwork in the future and makes HPD do another check before any old issues get closed.
Why the Violation Class Depends on What the Inspector Can See
HPD inspectors look for mold by using their eyes. They walk through the place and see how much mold is there. They decide right there what they think about the mold. They do not use air tests, break open walls, or send anything to the lab. Their eyes are the only things they use to find it.
Mold is not always where you can see it. It can spread behind walls and in wall spaces. It grows around pipes that leak. It can also move through HVAC systems. A small area on your bathroom wall may be about 6 square feet. Behind that wall, it could be much bigger.
The group for a rule break is chosen at the first meeting. A patch that is close to 8 square feet goes in Class A. This will be true even if looking at the whole area might make you feel another way.
Outside mold testing helps with this problem. Air tests look at spore levels inside and compare them with spore levels outside. If there are more spores inside, it means there is hidden mold that you can't see. Tenants who have this info before they call 311 can talk about the issue in more detail when the person comes to check.
Frequently Asked Questions
Can HPD force my landlord to pay for mold testing?
No. HPD just checks what they can see and they do not ask for lab tests. You can set up your own test and use what you find when you complain. Lab test results can help in an HP Action in housing court. Learn more about mold rights here.
Does the 10 square foot rule apply to mold I can't see?
HPD checks for mold you can see in the room. Mold that is hiding behind walls, inside vents, or under the floor does not get listed on the notice. Testing the air near the spot can find mold that you do not see by just looking. This lets people living there know more about what is happening inside the home.
What happens if my landlord falsely certifies a mold violation?
HPD can look at any Certification of Correction that is sent in. If someone from HPD comes to see the home and finds the mold is still there, they mark this filing as not true. This means the problem is not solved and stays open. The owner may need to pay between $250 and $500 for this problem. HPD can also add the owner’s name to its Watchlist. This stops them from sending in more filings themselves later.
One Number Shouldn't Decide Your Health Timeline
The HPD mold system picks what to do based on the size of the mold. It just checks what is visible when someone visits your home that day. If you know how this system works, it can help you before you call them. If you want to know everything before HPD checks, Fast Mold Testing can give results about the air in your home in just two days.