Starting a Harassment Case

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.

A tenant can bring a Harassment Case if a landlord, property owner, or managing agent intentionally harasses or interferes with the tenant’s ability to live in the home.

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 on the right 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 the registered owner is or the address of the registered owner, you can go to the NYC Department of Housing Preservation and Development website to find the information.

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

If 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 at JustFix.nyc. Justfix.nyc is a free web-based program that will help you prepare and file court papers electronically.

 

Forms Needed to File

All the forms can be obtained at the Housing Court Clerk’s office.

• Order to Show Cause For a Finding of Harassment
• A Verified Petition in Support of an Order to Show Cause- this is a sworn statement that tells the court what the landlord/property owner or managing agent has done that is harassing and asks the court to order the landlord to stop the behavior.
• Fee Waiver Forms- if you feel you cannot afford the filing fee

 

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

1. 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.
2. The tenant must serve the papers the way the Order to Show Cause tells them to.
3. The copies of the Order to Show Cause must be served by the date the judge put in the Order to Show Cause.
4. 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

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, witnesses and any other proof on the hearing date. It is helpful to bring all proof that you have available such as emails, printed text messages, police reports or anything that you think will demonstrate to the court that the landlord is harassing you. Additionally, bring your lease or mail addressed to you at the residence.

 

What happens in Court

It is your responsibility to prove your case to the court. The judge will review your proof and decide your case based on what you have presented.

 

Possible Judgment(s)

In a harassment action, if a tenant or legal occupant proves their case, the court may:

• Issue fines against the landlord or
• Compensatory Damages – the landlord is ordered to repay any money the tenant had to spend because of the landlord’s action and/or
• Punitive Damages- the landlord is required to pay more money than the compensatory damages amount as punishment for harassing the tenant; and
• Require the landlord to pay reasonable legal fees and costs, in addition to any other relief the court decides is appropriate.