Starting a HP Proceeding to Obtain Repairs

If you have conditions or violations in your home which need to be repaired, including lack of heat and hot water or lack of other services, or have other emergency conditions, you may begin a proceeding against the landlord to force the landlord to make repairs and correct building violations. This is called a HP proceeding.

Before you do this, you should contact the landlord and let the landlord know that the conditions exist, that you want them repaired, and that you will go to court unless the repairs are made, If you write to the landlord, keep a copy of the letter so that you can bring it to court.

After you have contacted the landlord, and if the conditions are still not repaired, you may come to court in the county in which your apartment is located, to begin a HP proceeding against your landlord. To find out where to go in your county, click on Locations. When you come to court be sure to bring the name and address of the landlord, or the managing agent, or both. The clerk will give you forms to fill out called an “Order to Show Cause Directing the Correction of Violations (HP Action),” and a “Verified Petition in Support of an Order to Show Cause Directing the Correction of Violation.” In your petition you should list all the conditions in need of repair in each room of the apartment and public areas. You may also request an inspection of the conditions from the Department of Housing Preservation and Development by filling out a Tenant’s Request For Inspection. You may click on Inspection Request if you wish to download this form now. If you are seeking emergency repairs, you may not be able to have an inspection prior to the hearing date.

You must submit your signed and completed forms to the HP clerk along with payment of the court fee. The fee must be paid by cash, certified check, money order or bank check. Personal checks will not be accepted. You may click on Court Fees to find out the cost of the fee. If you cannot afford to pay the court fee to start this case, you may apply to proceed as a poor person. For more information, click on Poor Person’s Relief. After you pay the fee to the cashier in the clerk’s office you will be given an index number. If the HP Judge has approved your application to proceed as a poor person, you will be given a free index number.

The clerk will notarize your petition, and your application to proceed as a poor person if also submitted. The clerk will also assign an inspection date if you requested one. Your papers will be given to the HP Judge, who will review and sign your application, if appropriate. The clerk of the HP part will then assign a hearing date and a date by which you must serve these papers.

After obtaining the signed Order To Show Cause and the Petition from the clerk, you must then have the papers served on the respondent and the Department of Housing Preservation and Development (HPD) (and the New York City Corporation Counsel’s Office if you are proceeding as a poor person). Check the Order to Show Cause for the directions as to how and by when the papers must be served. It may direct that the papers be served by certified mail, return receipt requested. The HP clerk will give you envelopes for service of these papers. Once you have served the papers you must fill out an Affidavit of Service. You may obtain this form from the clerk, or you may click on Affidavit of Service to download the appropriate form now. Proof of service may be filed with the HP clerk before the court date, or with the clerk in the courtroom on the date of the hearing. The HP clerk will file the original of the petition with the court and give you a copy of the papers. For more information as to how to serve the Order to Show Cause and Verified Petition, go to Instructions.

Bring your copy of the papers with you to court on the hearing date, as well as any other records you think are important to your case.

To watch an instructional video on HP proceedings, go to Getting Repairs & Services.