Before you start an HP Action case, you should inform your landlord about the repairs you need. You can call 311 to report the conditions in your apartment and request an inspection. You can find a link to the inspection form by visiting NYCourts.gov. To find housing court locations click here. Afterwards, if the repairs are still not made or harassment continues you can go to the Housing Court location in your borough and ask to start an HP Action. Write down all the conditions in your apartment and any harassment you’re experiencing. These forms will be sent to a judge.

You should send the court papers to your landlord and follow the judge’s instructions carefully. Once a court date has been assigned, your home will undergo a court-scheduled inspection. The date and time of the inspection will appear on the court papers. Make sure to be home for the court-scheduled inspection.

It is important to be on time to your court date. If you are not, the judge could dismiss your case. You may be able to choose to attend your court date in person or virtually, by video or phone. If you cannot attend the court date, contact the clerk before the court date and explain why you cannot attend.

At court, you will be asked to state your name and address, whether you sent the papers to the landlord as instructed by the court, and to show proof of having done so. You have a right to a translator any time you are interacting with the court.

Tip: Keep copies of certified mail receipts or tracking details to show proof of mailing the court papers

You can stop paying rent for your apartment. You should save any rent that you do not pay. After repairs are made, you can negotiate for a reduction in your rent for the months the conditions existed in your apartment. However, you should be aware, if you withhold rent, your landlord may start an eviction case against you for non-payment of rent. You will be able to defend yourself by explaining that the landlord failed to make repairs and a judge can award you an abatement.

The judge can give deadlines for your landlord to make repairs and punish your landlord for violating the law. They, however, cannot give reductions in rent. The judge will want to know whether you and the landlord agree on what repairs are needed. The landlord can agree to an order, or the judge can issue an order without the landlord’s agreement. If there are disagreements about the conditions or repairs, the judge will schedule a trial. If the landlord fails to make the repairs by the judge’s deadline, you can bring the case back to court by filing an Order to Show Cause.

The judge can also order a landlord to pay a penalty for violations of the law. Penalties are paid to HPD, but in cases of harassment, the judge can order a landlord to pay damages directly to a tenant. A judge can also award “punitive” damages designed to punish the landlord for their harassment. Finally, in extreme circumstances, a judge can have a landlord arrested.

If you live in a rent stabilized apartment, you can also file a reduction of services complaint with Division of Housing and Community Renewal (DHCR). You can find this form by visiting the DHCR’s website.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.