How do I sue my landlord to make repairs?

An HP Action (Housing Part) is a case against the landlord in housing court, filed by a tenant or group of tenants for repairs or services. Tenants can also use the case to ask the court to order the landlord to stop harassing them.

Suggestions before starting a lawsuit (HP case) against your landlord

• Keep a detailed list of all the repairs you need in your apartment and/or in the public areas of the building — including, if possible, how long each condition has existed.

• Write a letter to the landlord listing the repairs you need, and send it to them by certified mail. You can get help with this from JustFix.nyc website.

• Call 311 and make complaints to HPD (the city’s housing oversight agency).

• If your apartment is rent regulated, you can also file a complaint with DHCR (the state agency that oversees rent stabilization and rent control). They can issue a rent reduction: hcr.ny.gov/living-conditions-and-essential-services.

Filing papers to start an HP case

• You can get papers from the clerks’ windows at housing court. You’ll need to know the legal name of the landlord, whether it’s a person or a company, and their street address (not a P.O. box). You can get this by calling 311, using HPD’s website (https://hpdonline.nyc.gov/), or using ACRIS if it’s a private house (https://a836-acris.nyc.gov/).

• If this is a NYCHA building, use the NYCHA headquarters address: 90 Church St, NYC 10007.

• Make sure your list of conditions matches on both of the two sheets that ask for it. Write only one condition per line. If you need more spaces, ask for more forms.

• If you can’t afford the $45 filing fee, fill out the two fee waiver request forms.

• When you turn the papers in, the clerk will set up your HPD inspection date and send you to a room where a judge will sign your papers and set up your first court date.

• Mail the copies to the landlord exactly as instructed by court staff, or the judge will throw out your case.

Preparing for the first court date

• An HPD inspector will come to your apartment before the first court date, and their report will become part of your evidence.

• Collect all your notes, photos, and videos, letters/emails/texts you sent the landlord, reports from HPD/Section 8 inspectors or any other inspectors, or your heat log. Also, think about what dates you can be available for the work to be done.

• Arrive at the first court date on time! If you’re late, the judge might dismiss the case and you’ll need to start over.

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 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.

If your landlord agrees to make repairs

• You will sign a consent order or a stipulation with specific deadlines for various actions to be taken, and specific dates when you agree to provide access.

• Make sure someone is in the apartment to let workers in on the access dates, and keep notes on when they arrive/leave, and what work they do. If the landlord doesn’t agree or doesn’t show up, the judge can issue a Default Order that repairs be made or services restored.

• If the landlord fails to comply with the court order or stipulation by the deadlines, go back to the clerks’ windows at court and file an Order to Show Cause (OSC). This sets up a new court date where the judge can issue a new court order or new fines. If they fail again, and you file another OSC, the penalties for the landlord can be greater.

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.