How can I force my landlord to make repairs?

Every tenant has the right to decent, safe housing. To enforce that right, you can take the following steps:

1. Document the problem:

Write down the details of the problem, like a leak, broker door, or a lack of heat or hot water. If possible, take a photo. This will help if you talk to a lawyer or go to court. You should also maintain a log of when you have no heat, hot water or cooking gas. 

2. Contact your landlord in a writing that you keep a copy of to ask for repairs (this free tool here will create and send a letter for you):

• Call your building super or visit your building super in person.
• Call or email building management.
• If you cannot reach building management by telephone or email, send them a letter that describes the conditions in need of repair.
  • To find the business mailing address of your management office, visit Who Owns What in NYC? and enter the address of your apartment building in the search box. 

3. Call 311 or file a complaint on-line with 311 to report the conditions to the city enforcement agency. They may send an inspector to your home and write a violation that is a record of your complaint and requires the landlord to fix the condition within a specified time or face fines. 

4.. If you live in a NYCHA development, NYCHA repairs can be requested by calling the Customer Contact Center at 718-707-7771, using the MyNYCHA portal or going to a walk-in location.

5. If these methods do not result in repairs, consider withholding rent until the conditions are fixed, or initiating a lawsuit called an HP Action in Housing Court to obtain repairs. If you are a rent regulated tenant, you can also file a reduction in services complaint, which can result in a rent reduction.

What is an HP Action in Housing Court?

An HP action is a case that you file against your landlord when the landlord will not make repairs or provide services as required by law. You must show the court that specific repairs are needed. An HP action is for repairs only. The court cannot order money damages to you.

How do I start an HP case in Housing Court?

You can start an HP case in Housing Court by filing a petition and describing the problems in your apartment. There is a $45 fee to file a case, but the court will waive this fee if you cannot afford it. You must serve the court papers on both your landlord and HPD. HPD will perform an inspection of the apartment prior to the court date and record any violations in need of repair. There is a free tool to help you generate the court forms here.

What happens in an HP case in Housing Court?

On your court date, ask the court to issue an “order to correct” against the landlord. This order will give your landlord a deadline to fix any violations that were found in your apartment. If the landlord does not make the repairs in the timeframe ordered by the court, you should file an “order to show cause” to bring the same case back to court and ask for penalties against your landlord. It is important that you bring the same case back to court and not simply file a new one.

What can I use to prove the conditions in my apartment?

There are a number of ways you can prove the existence of conditions in your apartment, including:

• Violations issued by HPD
• Pictures or video of conditions in the apartment; and
• A written record documenting the date and time of each recurring condition, such as lack of heat, lack of hot water, or leaks in the apartment.

What are the results of an HP case in Housing Court?

An HP case can have several outcomes, including some or all of the following:

• You will have a court record of your landlord’s failure to repair poor conditions in your apartment;
• You may obtain an “order to correct,” which requires the landlord to correct any violations found in the apartment within a set period of time;
• If your landlord fails to comply with the order to correct, the court may issue an order requiring your landlord to pay penalties to HPD; and
• Most importantly, completion of the repairs and an apartment with good, habitable conditions.

Resources: 

• LawHelpNY

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.