Removal of Violations Issued Pursuant to the Housing Maintenance Code

RCNY tit. 28, ch. 9

in effect

28 RCNY § 9-01 General Provisions.

§ 9-01 General Provisions. The purpose of the Dismissal Request Program is to provide owners of multiple dwellings, private dwellings, and co-operative and condominium units, in New York City with a mechanism for obtaining re-inspections of their properties for the purpose of removing corrected Housing Code violations from the records of the Department.

28 RCNY § 9-02 Eligible Applicants.

§ 9-02 Eligible Applicants. (a) The Department will accept Dismissal Requests from owners, managing agents, or the authorized representatives of such owners or managing agents for re-inspections of properties in each of the five boroughs of the City of New York. (1) Owners and managing agents of multiple dwellings must be registered with the Department in accordance with the provisions of §§ 27-2097 through 27-2099 of the Housing Maintenance Code in order to submit a Dismissal Request. (2) Owners of co-operative and condominium units and private dwellings must submit proof of ownership satisfactory to the Department in order to submit a Dismissal Request. (3) Authorized representatives of owners or managing agents who are registered in accordance with the provisions of §§ 27-2097 through 27-2099 of the Housing Maintenance Code must submit proof of such authorization satisfactory to the Department in order to submit a Dismissal Request.

28 RCNY § 9-03 Fee.

§ 9-03 Fee. Each Dismissal Request must be accompanied by a certified check or money order, made payable to the New York City Commissioner of Finance, for a scheduled amount based on the dwelling classification and number of open violations at the time the Dismissal Request form is submitted to the Borough Code Enforcement Office, as follows: Dwelling Classification Fee Private Dwelling $250 Multiple Dwelling with 1 - 300 open violations $300 Multiple Dwelling with 301 - 500 open violations $400 Multiple Dwelling with 501 or more open violations $500

28 RCNY § 9-04 Re-inspection.

§ 9-04 Re-inspection. (a) The Department shall use its best efforts to re-inspect the premises within 45 business days of the date of receipt of the Dismissal Request and shall place in the mail to the applicant a copy of the inspection report indicating the results of such re-inspection within 45 business days of the date of receipt of the Dismissal Request in the Code Enforcement Borough Office, provided, however, that during the period of October 1st through May 31st, the Department shall use its best efforts to re-inspect the premises and place in the mail to the applicant a copy of the inspection report indicating results of re-inspection within 90 business days of the date of receipt of the Dismissal Request in the Code Enforcement Borough Office. (b) In the event that the Department does not inspect and mail a copy of such inspection report within the aforementioned time periods, the fee shall, upon written application to the Department by the applicant, be returned to the owner. Notwithstanding the refund of the fee, the Dismissal Request shall continue to be processed in the regular course of business. A re-inspection of the property will be made and a copy of the inspection report indicating the results of the re-inspection will then be mailed to the owner. (c) The applicant may request an inspection date that exceeds the aforementioned time periods, provided, however, that such a request and waiver of any refund for the fee be in writing signed by the applicant and received within 15 business days of the date of receipt of the Dismissal Request in the Code Enforcement Borough Office.

28 RCNY § 9-05 Submission of Dismissal Requests.

§ 9-05 Submission of Dismissal Requests. (a) A Dismissal Request must be submitted on a form that can be obtained at any Code Enforcement Borough Office, either in person or by mail request, or on the Department's website at hpd/nyc.gov. (b) The Dismissal Request form, together with the fee, must be submitted either in person or by mail to the Borough Code Enforcement Office in the borough in which the property is located, provided, however, that for property located in Staten Island, such form may be submitted to the Manhattan Code Enforcement Office.

28 RCNY § 9-06 Exceptions to the Dismissal Request Procedure.

§ 9-06 Exceptions to the Dismissal Request Procedure. (a) The application for a Dismissal Request by an owner, managing agent, or the authorized representative of such owner or managing agent who is otherwise eligible to apply for a Dismissal Request pursuant to the foregoing provisions of these rules may be rejected by the Department where the building that is the subject of the application is a building for which: (1) there is pending Department-related litigation; or (2) there is an uncollected judgment arising from Department-related litigation; or (3) there is an unpaid emergency repair charge for repairs performed by or on behalf of the Department.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCrules/0-0-0-55627Fetched: 10/24/2026