Starting a HP (Housing Part) Case

A tenant can start an HP (Housing Part) Case for repairs when the landlord, property owner or managing agent fails to make repairs after receiving a complaint.

The person who starts the case is known as the petitioner (usually the tenant). The person who answers the petition is known as the respondent (usually the landlord or property owner or the managing agent). The Department of Housing Preservation and Development (DHPD) is also a respondent.

The case must be started in the county where the property is located. For example, if the property is in Brooklyn, the case must be started in Kings County Housing Court. If the property is in Manhattan, the case must be started in New York County Housing Court. Use the Court Locator box to find contact information for the court.

You must know the landlord’s complete name and mailing address, no P.O. boxes. If you do not know, who is/or the address of the registered owner you can go to www.nyc.gov Search - HPD).

There is a filing fee required to start the case. See Court fees.

If you think you cannot afford to pay the fee you may apply for a Fee Waiver. The judge will review your form and determine if you qualify.

A tenant can also start a HP case through the Justfix.nyc website. (Justfix.nyc is a non-profit website that will help you prepare and file the court papers electronically at no cost to you).

 

Forms needed to file a HP Case for Repairs and Services

All the forms can be obtained at the Housing Court Clerk's Office.

• An Order to Show Cause Directing the Correction of Violations (HP Action): this is an application to the court asking for an order that will require the landlord to make repairs
• A verified Petition in Support of the Order to Show Cause: this is a sworn document that tells the court what violations exists and/or repairs you feel are needed in your home
• Inspection Request form: this form is to request an inspection of the apartment that can confirm the need for repairs
• Fee Waiver Forms: if you feel you cannot afford the filing fee(s)

A tenant can request that DHPD inspect the building and/or their dwelling to show the repairs that are needed. However, an inspection report by DHPD is not necessary to start your case. The tenant can also prove the existence of conditions through other evidence, such as photographs and testimony.

 

After Filing the forms

If the judge signs your Order to Show Cause, you must pay the court fee to obtain an index number. The fee must be paid by cash, certified check, money order or bank check. Personal checks are not accepted.

If the Judge signed the fee waiver forms, you will not need to pay.

 

Preparing to Serve the Forms

• After the Clerk returns your signed copy of the Order to Show Cause and Verified Petition to you, make additional copies for each respondent named and DHPD
• The tenant must serve the papers the way the Order to Show Cause tells you to
• The copies of the Order to Show Cause must be served by the date the judge put in the Order to Show Cause
• Place the Order to Show Cause that shows the court date on top of the verified petition and any additional paper that may be served

 

After Serving the Forms

An Affidavit of Service must be completed after serving the Order to Show Cause in lieu of Notice of Petition and witnessed by a notary.

If the court required the court papers to be mailed, proof of service, such as stamped dated receipt from the Post Office, must be attached to the Affidavit of Service.

The tenant must return to court on the date and time indicated on the Order to Show Cause.

What to Bring to Court

• Bring a copy of your court papers
• Proof of Service
• Affidavit of service
• Copies of any written complaints you made such as, emails, printed text messages or mail
• Printed out copies of pictures of the repairs needed
• Copy of your lease or mail addressed to you at the residence
• Anything that you think will demonstrate to the court that repairs are needed
• Affidavit of Service

 

What Happens in Court

DHPD mediates cases started by the tenant in Housing Court.

If the case cannot be resolved between the parties and if it is ready for trial, it is assigned a date for trial. On the trial date the judge will listen to all sworn testimony, review evidence and decide the case. If you win your case the court will order the landlord to make the repairs. The court can also have DHPD do the repairs in extreme cases. The landlord may also have to pay a fine. Visit How to Prepare for a Landlord-Tenant Trial.