You can file a case in Housing Court. This is known as an HP case or HP Action.
What is an HP Action?
An HP Action is a legal process in Housing Court to make your landlord follow the law. Your landlord must keep your apartment safe and livable.
Before starting an HP Action:
- Document the problems in your apartment. Keep a detailed record that includes dates, times, photographs, and any communication you've had with your landlord about the issues.
- Tell your landlord about the issues and give them a chance to make repairs. This step is important to show you tried to solve the problem.
- If your landlord hasn't responded, call 311 or file a complaint online or through the mobile app. This step is important because it creates an official record of your complaint and proves that you tried to fix the problems.
How to start an HP Action
You officially begin the legal process by filing an HP Action with the Housing Court.
To file, go to the Clerk's Office at the Housing Court in your borough. Explain that you want to file an HP Action. You'll need to fill out specific forms for your case. These forms will ask you for details about the problems, your efforts to inform the landlord, and any evidence and documentation you have.
You may have to pay a fee depending on where you live. Check with the Clerk's Office to find out if there are any fees for filing.
When you give your forms to the Clerk's Office, they will give you a court date. Get ready to go to this hearing and present your case.
At the court hearing
During the court hearing, explain your situation and show proof of the problems and your efforts to get them fixed.The court will look at the situation and decide what to do.
Possible outcome #1: The court rules in your favor
If the court decides in your favor, it means they'll tell your landlord to make the fixes within a set time. (The landlord might also have to pay fines for not dealing with the issues on time.)
Once the court rules in your favor, here's what you should do:
- Take a good look at the court's decision. Make sure you understand what repairs or actions the court is telling your landlord to do.
- Keep an eye on whether your landlord does what the court ordered, and keep good records of everything they do. If your landlord follows the court's orders, write down what repairs or changes they make. If they're not fixing things, make a note of that too.
- Stay in touch with your landlord. If the repairs are still happening, you can politely ask how things are going.
If your landlord does not follow the court's orders, tell the court. Ask the court what you should do next.
Possible outcome #2: The court rules in the landlord’s favor
If the court decides in favor of your landlord, it means they didn't find enough evidence to make the landlord fix the problems. This could be because the judge thinks there wasn't enough proof, the case didn't meet legal requirements, or the problems are minor.
If the court decides in favor of the landlord, you can keep fighting if you really believe your case is right. Talk to a legal expert about your options. Even if you don't win in court, there might be other ways to address the problems.
If the court gave you any specific orders, make sure you do them. Ignoring the court's instructions could lead to legal problems.
If you are being harassed by your landlord
You can also take action if you are feeling harassed by your landlord.
Harassment means a landlord, or someone working for them, tries to make you feel like you have to leave or give up your apartment rights. This includes using force or threats, stopping essential services, filing fake court cases, taking your belongings, messing with doors or locks, or doing anything that seriously bothers you.
You can ask the Housing Court for a penalty and an order to make your landlord stop harassing you.
