Selling a House With Open HPD or DOB Violations in NYC

General information only, not legal advice. For advice about your situation, talk to a licensed New York attorney or a HUD-approved housing counselor.

What the violations are

• HPD violations (Housing Preservation & Development) cover conditions in residential buildings. They're sorted into Class A (non-hazardous), Class B (hazardous) and Class C (immediately hazardous).
• DOB violations (Department of Buildings) cover construction and code issues like work without a permit, and can come with stop-work orders or vacate orders.
• ECB/OATH penalties are fines tied to some violations. Unpaid fines can become a lien on the property.

Why they matter at sale time

• A title search usually surfaces open violations and unpaid fines.
• Mortgage lenders and appraisers may require problems to be fixed or the work to be legalized first.
• Buyers will price in the cost and the hassle.
• An illegal conversion (for example an unpermitted apartment) is a common problem in Queens and Brooklyn. Legalizing it can be expensive and slow.

Your options

1. Fix and clear them before listing. Best when the repairs are small and you have time.
2. Sell to a cash buyer as-is. Cash buyers don't depend on bank approval, so open violations are less likely to kill the deal. The trade-off is a lower price than a fully repaired home would bring.
3. Negotiate a credit with a traditional buyer. Possible, but the buyer's lender may still object.

Check the facts before you decide

Look up your address on the city's public records (HPD Online and the DOB's property information portal) so you know exactly what's open. If a vacate order is in place, tenants' rights and city procedures apply, so get qualified legal help before acting.

Nassau County is different

In Nassau, code enforcement is handled by the town or village (for example Hempstead, North Hempstead, Oyster Bay, or an incorporated village), not HPD. See our Nassau County guide.

Frequently asked questions

Do HPD violations transfer to a new owner?

They attach to the building, so a new owner generally takes the property with them, though a sale contract can address who pays for what.

Can I sell with a vacate order or stop-work order?

Often yes, but it's more complicated. Terms depend on the order and on tenants, so get legal advice.

What's the difference between Class A, B and C?

A is non-hazardous, B is hazardous and C is immediately hazardous. Higher classes have shorter deadlines to correct.

Will a cash buyer pay for repairs I can't afford?

A cash buyer prices the repairs into the offer instead, so you can sell without doing the work or paying for it up front.

Can a lien come from violations?

Unpaid fines and certain city charges can become liens that must be paid at closing.

Get your cash offer

Use the button at the top of this page to start. It takes about a minute, there is nothing to sign to get an offer, and you can always compare it with listing or with other buyers.

The Key Buyers · 194 Jericho Tpke, Floral Park, NY 11001 · 516-366-2592. This page is general information, not legal or tax advice, and rules change. Every situation is different. Last updated: October 2026.