What is a postponement

A postponement is an extension of time to correct the lead-based paint hazard violations issued by the Department of Housing Preservation and Development (H.P.D).

If you have received notification from (H.P.D) that you have lead-based paint hazard in your building, you need to take note of the date established by them for the correction of violations to be completed. If you realize that you will not be able to meet their deadline (“corrected by” and “certified as corrected by” dates at right on notice of violation) you should submit your 1^st. postponement request at least five (5) days preceding the dates stipulated for completion on your notice of violation.

The Department of Housing Preservation and Development charges a fee for clearance of violations that were not corrected by the date stipulated by them. This fee can be avoided if a request for postponement of time to correct lead-based paint violation is made by you. Also, if you have multiple apartments in one building with lead-based paint violations that are not corrected by HPD’s due date, correcting and submitting them at the same time will be less costly. You will be able to pay one fee of three hundred dollars ($300.00) to clear all violations from your building instead of paying three hundred dollars ($300.00) for each apartment you have completed and submitted to H.P.D for clearance.

1^st. Postponement Request

A first postponement request is usually granted upon request providing the form is completed correctly and the required supporting documentation submitted.

Checklist:

1. Fill in form completely:

Nov ID# (this is the number at the top right corner on “Notice of Violation” form)

Violation Number(s) (this is the number below the word “Item” in box on the “Notice of Violation” form)

Building Address (this is the address where the violations are located)

Owner/Management Agent Information (this is your name, address, telephone number, etc.)

Check the 1^st box and write your full name

Check the 2^nd box and fill in the steps that you have taken to correct the violations, for example “I have hired a licensed EPA certified contractor”

Check the 3^rd box, then one (1) or more of the 4^th through 6^th boxes which explain the reason(s) you will not be able to correct the violation(s) on time.

Check the 7^th box and describe what you are working on that take care of the lead-based paint hazard.

Affix your signature and date signed.

Have form notarized by a Notary Public.

2. Attach all relevant documentation, including an affidavit from an EPA certified firm stating that the lead-based paint has been stabilized, a copy of the firm’s EPA certificate, and a copy of the contract between you and the EPA certified firm to correct the lead violations.

3. Mail completed form to: The Department of Housing Preservation and Development

105 East 106^th Street, 4th Floor

New York, NY 10029

2^nd Postponement request

A second postponement may be requested if you realize that the work will not be completed by the new date established in your first postponement. However, unlike the first postponement that is usually granted automatically upon request, the second postponement will be granted only at HPD’s discretion. The 2^nd request for postponement of time to correct lead-based paint hazard violation form has to be correctly completed and a number of paperwork submitted with the request form.

Also important to note, is that the lead-based paint condition has to be stabilized by an EPA certified firm, and an affidavit and certification submitted with form before consideration of 2^nd postponement can be given.

Why request a postponement

What to do if you have lead in

your building

What to do if you are issued

violations from the

Department of Health (DOH)