For NYC landlords, the path to a rent increase is often blocked not by a lack of capital, but by a “dirty” record with the Department of Housing Preservation and Development (HPD).
In 2026, the rules for qualifying for the Maximum Base Rent (MBR) program and other rent increases remain strict. If your building’s HPD portal shows open violations, your application for an increase is effectively dead on arrival.
At Flatrate Eviction Attorney, we help landlords clean up these digital “paper trails.” Here is your detailed guide on how to scrub your HPD record and unlock your property’s income potential.
Key Takeaways
- Compliance Standards: Landlords must meet the “80/100 Rule” to qualify for any MBR rent increases. This means clearing all rent-impairing violations and at least 80% of non-hazardous ones.
- Correction Methods: Recent repairs can be filed quickly through HPD’s free online eCertification portal. Older violations require a formal Dismissal Request and a paid inspection to be officially closed.
- Documentation Accuracy: Lead paint and mold hazards require specific sworn statements and professional lab samples. Simply fixing the issue without providing the correct paperwork will leave the violation open.
- Professional Management: Flatrate Eviction Attorney performs comprehensive record audits to identify and remove bureaucratic bottlenecks. Our flat-rate services help you secure maximum rental income without unexpected legal expenses.
The “80/100 Rule”: The Gatekeeper of Rent Increases
To qualify for an MBR increase, HCR (Homes and Community Renewal) checks HPD’s database. You must meet the following criteria as of January 1st of the year you apply:
- 100% Clearance: Every single “Rent-Impairing” violation (serious hazards like lack of heat or fire safety) must be closed.
- 80% Clearance: At least 80% of all “Non-Rent-Impairing” violations (minor maintenance issues) must be cleared.
The 2026 Warning: HPD records are now updated in real-time on the NYC Open Data portal. If you wait until the last minute, an inspector’s delay in closing a ticket can cost you an entire cycle of rent increases.
Step-by-Step: How to Clear Your Record
Step A: The Violation Audit
Log in to the HPD Building, Registration & Violation Portal. You need to look for “Open” status violations. Pay close attention to the Violation Class:
- Class A (Non-Hazardous): You have 90 days to fix these.
- Class B (Hazardous): You have 30 days to fix these.
- Class C (Immediately Hazardous): These include mold, lead paint, and heat. These must be fixed within 24 hours to 21 days.
Step B: Use “eCertification” for Fast Results
If you fixed a problem recently and are still within the Certification Period (the timeframe listed on the notice), use the HPD eCertification system.
- It’s Free: No filing fees.
- It’s Instant: Once you submit the digital form, the violation status moves to “Pending.”
- The Catch: Lead-based paint, mold, and pest violations cannot be eCertified; they require physical paperwork and specific proof of work.
Step C: The “Dismissal Request” (For Old Violations)
What if you fixed a leaky faucet in 2022, but it’s still showing as “Open”? Since the certification period has passed, eCertification won’t work. You must file a Dismissal Request (DR).
- The Fee: In 2026, fees range from $250 to $500, depending on the building size and the number of open violations.
- The Process: You pay the fee, and HPD schedules an inspector to visit and verify that the work was done.
- Pro-Tip: Once an inspector is on-site for a DR, they can issue new violations if they see new problems. Ensure the building is pristine before they arrive.
Dealing with the “Lead Paint” Bottleneck
Lead paint violations (Class C) are the most common reason rent increases are denied. In 2026, HPD requires “Order 618/621” compliance documentation.
- You cannot just paint over the area. You must provide a Sworn Statement from a certified lead-abatement contractor.
- You must provide Dust Wipe Samples from an independent lab.
- Without this specific paper trail, HPD will never close the violation, and your rent increase will stay blocked.
Why Violations Stay “Open” Even After They Are Fixed
The biggest mistake landlords make is thinking that doing the work is the same as clearing the record.
- HPD does not automatically know you fixed something.
- If you don’t file the Certification of Correction (notarized and mailed) or the eCertification, the violation stays on your record forever.
- The Result: A building with 100 perfect apartments can still be denied a rent increase because of a 5-year-old “broken window” violation that was never officially signed off.
How a Flatrate Eviction Attorney Can Help
Clearing HPD records is a bureaucratic maze. At Flatrate Eviction Attorney, we act as your administrative “fixers” to ensure your building qualifies for its maximum legal rent.
- HPD Record Audits: We perform a “pre-MBR audit” to identify exactly which violations will trigger a denial.
- Dismissal Request Management: We handle the filing of DR-1 forms and coordinate with HPD borough offices so you don’t have to.
- Lead & Mold Compliance: we ensure your abatement paperwork meets the strict 2026 standards so Class C violations are actually closed, not just “stayed.”
- Flat-Rate Peace of Mind: We provide flat-rate packages for violation clearing, so you can factor the cost into your building’s operating budget without fear of hourly legal bills.
Don’t let a $50 repair block a $5,000 rent increase.
Visit us at flatrateevictionny.com and let’s get your HPD record clean.
Frequently Asked Questions
Q: Can I clear violations if I haven’t updated my Property Registration this year?
A: No. HPD will not process any eCertifications or Dismissal Requests unless your building is currently and validly registered. You must file your Annual Property Registration statement and pay the required fee first; otherwise, the system will effectively “lock you out” from clearing any violations.
Q: What is the “70-Day Rule” for HPD certifications?
A: Once you submit a Certification of Correction, HPD has 70 days to inspect the property and verify the repair. If they do not inspect within that window, the violation is legally “Deemed Corrected” and closed automatically. This is why certifying early is crucial—you may get the “win” simply because the city is too busy to send an inspector.
Q: Does a “Pending” status on the HPD portal count toward my 80/100 clearance?
A: Generally, no. For MBR (Maximum Base Rent) increases, HCR looks for violations that are officially “Closed.” A “Pending” status means you’ve certified it, but the 70-day window hasn’t closed, or an inspection is still needed. To be safe, you should aim to have your violations moved to “Closed” status well before the January 1st deadline.
Q: Can I postpone a correction date if I’m waiting on parts or a contractor?
A: Yes, for certain Class B (Hazardous) violations, you can request a one-time postponement. You must file the request before the original correction deadline and provide a valid reason, such as backordered materials or extreme weather. However, Class C (Immediately Hazardous) violations rarely qualify for postponements due to safety risks.
Q: What happens if an inspector finds new violations during a Dismissal Request visit?
A: This is the “landlord’s risk.” When you pay for a Dismissal Request inspection to clear old tickets, the inspector is legally required to record any new hazards they see. If your building isn’t currently up to code, a single DR inspection intended to clear five old violations could accidentally result in ten new ones, setting your rent increase goal back even further.
