NYC Department of Health:
Restaurant Compliance
The NYC Department of Health and Mental Hygiene (DOHMH) inspects all food service establishments unannounced at least once per year. Inspections score violations on a point system — 0–13 points earns an A grade, 14–27 points a B, and 28+ points a C. Grades are posted publicly in your window.
Pest-related violations are among the highest-scoring categories and the most difficult to contest without documented IPM records. A single live cockroach observed during inspection costs 28 points on its own — immediately dropping an otherwise-clean kitchen from A to C.
Critical: The Re-Inspection Window
If you receive a B or C grade, you have the right to request a re-inspection within 48 hours. If the re-inspection results in an A, you can post the A grade. This is your most important recovery window — and why having Broadway Pest on call for emergency pre-inspection treatment is essential.
Pest-Related DOH Violation Point Schedule
| Violation | Code | Points |
|---|
| Live roaches or evidence of roach activity in food/non-food area | 04L | 28 |
| Live mice or evidence of mice activity in food/non-food area | 04M | 28 |
| Live rats or evidence of rats in food/non-food area | 04N | 28 |
| Filth flies or food/refuse/sewage-associated flies present | 04O | 28 |
| Evidence of flying insects (drain flies, fruit flies, etc.) | 04P | 7 |
| Facility not vermin-proof — gaps, holes, or open drains | 08A | 7 |
Documentation as Defense
If you contest a violation at the NYC Office of Administrative Trials and Hearings (OATH), active IPM documentation showing regularly scheduled pest control, service logs, and corrective action records significantly increases your chance of fine reduction or dismissal. Judges regularly reduce penalties for establishments with demonstrated compliance efforts.
HPD Pest Violations:
What Property Managers Need to Know
The NYC Department of Housing Preservation and Development (HPD) classifies pest violations as Class B (hazardous) violations. Class B violations require correction within 30 days and carry fines that escalate significantly if uncorrected.
HPD inspections are typically triggered by tenant complaints filed through 311. Once a complaint is logged, HPD has up to 45 days to inspect — but priority complaints (mold, pests, heat) are often inspected within 1–2 weeks. A single 311 complaint can start a violation cascade that's expensive to unwind.
HPD Pest Violation Fine Schedule
| Violation Class | Initial Fine | Escalated Fine | Certification Deadline |
|---|
| Class B — Mice/Rats (active) | $300 | $1,000+/unit | 30 days |
| Class B — Cockroaches (active) | $300 | $1,000+/unit | 30 days |
| Class B — Bed Bugs (active) | $300 | $1,000+/unit | 30 days |
| Failure to file Annual Bed Bug Report | $250 | $1,000 | Dec 31 annual |
| Failure to provide bed bug disclosure to new tenants | $250 | $1,000 | At lease signing |
The 7A Receivership Threshold
Buildings with a pattern of uncorrected HPD violations — particularly Class C emergency and Class B hazardous violations — can be placed into 7A receivership, where a court-appointed administrator takes over building management. Documented IPM programs are one of the strongest defenses against receivership proceedings.
What a Defensible
IPM Program Looks Like
Both DOH and HPD distinguish between reactive extermination and proactive Integrated Pest Management. A documented IPM program provides legal protection that a one-time treatment cannot. Here's what a court-defensible IPM record requires:
01
Written Service Agreement
A formal service contract with a licensed pest management company, showing scheduled service frequency and scope of work. Month-to-month or on-call arrangements do not satisfy HPD's "proactive IPM" standard.
02
Timestamped Service Logs
Every service visit documented with: date, time, technician name and license number, areas inspected, pest activity observed (or confirmed absent), treatments applied (product name, EPA registration number, application location), and next scheduled visit.
03
Corrective Action Documentation
Any pest activity observation triggers a written corrective action report noting the finding, the response taken, and the follow-up scheduled. This creates a documented response chain that satisfies both HPD and OATH administrative judges.
04
Annual Bed Bug Reports
NYC Local Law 69 requires all multiple-dwelling building owners to file an Annual Bed Bug Report with HPD by December 31 each year, disclosing the number of units with reported infestations, units treated, and eradication outcomes.
05
Tenant Infestation History Disclosure
Landlords must disclose bed bug infestation history for each unit at lease signing. Failure to disclose is a separate violation from the infestation itself and carries independent fines.
Fighting a Violation:
Your Step-by-Step Defense
If you've received an HPD or DOH pest violation, the window for effective response is short. Here's the sequence that gives you the best outcome:
1
Call a licensed pest control company immediately
Same-day. The date on the service order matters. Call Broadway Pest at (212) 663-2100 — we can typically dispatch within 4 hours and produce a dated service record that day.
2
Document the corrective action in writing
Get a written service report from your pest control company on company letterhead, showing the date, technician credentials, findings, and treatments applied. This is your primary defense document.
3
File a certification of correction with HPD
For HPD violations, you must file a Certification of Correction (CofC) within the violation's correction period. The pest control service report is your supporting documentation. File online at hpdonline.nyc.gov.
4
Request OATH hearing if contesting
For DOH violations, you can request an OATH hearing to contest the finding or reduce the fine. Bring all service documentation. A Broadway Pest technician can provide a written statement supporting your compliance efforts.
5
Establish ongoing IPM program going forward
A single corrective treatment is not an IPM program. Establish a regular service schedule with documented logs. This protects you from future violations and provides ongoing legal coverage.
Broadway Pest provides compliance documentation
Every Broadway Pest service visit produces a digital service log that satisfies both HPD and DOH documentation requirements. We also provide written statements for OATH hearings and HPD housing court proceedings at no additional charge for active clients.
