When HPD performs emergency repair work on a building, it bills the owner through the Emergency Repair Program. The bills can be enormous, and unpaid ERP charges become liens that sit against the property, blocking refinancings and sales and growing with interest. But an ERP charge is the City's claim - not a verdict. Goldschein Law Practice protests ERP charges for building owners across Brooklyn, the Bronx, and the rest of New York City.
An ERP Charge Is Not Necessarily What You Owe
ERP charges can be challenged on the work itself: whether the condition was truly an emergency, whether the work billed was actually performed, whether the amount is accurate, and whether the owner received the notice the law requires. Timeliness matters in the owner's favor as well - charges not asserted within the required periods can be barred from collection. The practice examines the full charge history before conceding a dollar.
How the Practice Protests ERP Charges
The practice pulls the property's record from HPDOnline and related sources, identifies every defect in the charge, and submits a formal written protest to HPD with supporting documentation. Each protest is then followed through to resolution - not filed and forgotten. Where administrative remedies fail against an unlawful charge, the practice can take the matter to court in an Article 78 proceeding.
ERP Protests Are Core Work for This Practice
Challenging HPD Emergency Repair Program charges is one of the practice's central services for New York City building owners, alongside DOB summons defense at OATH and Article 78 litigation. The practice's approach to agency overreach is documented on the Results page, where matters are identified by index number in the public court record.
HPD ERP Charge FAQ
What is an HPD Emergency Repair Program charge?
When HPD finds emergency conditions in a building and the owner does not correct them, HPD can perform the work itself and bill the owner through the Emergency Repair Program. These charges can be substantial, and unpaid ERP charges become liens against the property.
Can an ERP charge be challenged?
Yes. A charge can be protested on grounds that include the necessity of the work, the amount billed, the notice given, and the timeliness of the charge. Charges that were not brought within the required time frames can be barred from collection.
How does the protest process work?
The practice submits a formal written protest to HPD with supporting documentation and follows it through to a decision. Where a protest is wrongfully denied, further remedies - including an Article 78 proceeding in Supreme Court - may be available.
The charge is old. Is it too late to protest?
Not necessarily. Timeliness cuts both ways in these matters, and older charges are sometimes the most vulnerable. The practice reviews the charge history before advising on the route forward.
Resources: HPD · HPD Emergency Repair Program · HPDOnline