When a New York City landlord fails to make repairs or restore essential services, tenants have a legal option beyond filing 311 complaints: an HP Action in Housing Court. This guide covers what an HP Action is, when to use it, and how to file one.
What an HP Action is
An HP Action is a case in housing court that can be started by a tenant whose landlord is not making necessary repairs. The warranty of habitability — the right to safe, decent, and sanitary living space — is implied in every written or oral lease in New York City.
For many tenants, an HP Action can be a more direct legal remedy than withholding rent, which may lead to eviction proceedings.
When to use it
An HP Action is appropriate when:
- A 311 complaint has been filed and an HPD inspection has documented violations
- The landlord has received written notice of the conditions
- Repairs have not been made within the required correction period — HPD correction periods generally range from 24 hours for Class C immediately hazardous violations to longer correction periods for lower-level violations
Filing without prior 311 complaint and written notice to the landlord weakens the case. Document everything before filing.
Heat and hot water complaints are among the most common cases. See NYC heat and hot water law for the specific temperature requirements and 311 complaint process.
How to file
The case must be filed in the Housing Court of the county where the property is located. A Brooklyn property is filed in Kings County Housing Court; a Manhattan property in New York County.
The filing fee is $45, payable by cash, money order, or bank check. Tenants who cannot afford the fee can request a fee waiver at the clerk's office.
At the clerk's office, the tenant fills out three forms:
- An Order to Show Cause directing correction of violations
- A verified Petition describing the conditions
- An Inspection Request form for HPD to inspect the apartment
You do not need a lawyer to start an HP case. Housing Court Answers, a nonprofit, staffs information tables in Housing Courts and can help with forms and the process. Their hotline is 212-962-4795.
What happens in court
On the court date, the tenant and the landlord each present their positions. An HPD attorney is present to assist.
If the court finds that violations exist, the judge may order the owner to correct them within a specified time frame. If the owner fails to comply, the tenant may return to court to seek civil penalties or contempt of court charges.
The landlord can agree to an order, or the court can issue one without the landlord's agreement. If there are factual disputes, the judge will schedule a trial.
For rent-stabilized tenants
In addition to an HP Action, rent-stabilized tenants can file a reduction of services complaint with DHCR, which can result in a rent freeze or reduction while violations remain uncorrected.
Checking your building's violation history
Before or during an HP Action, reviewing your building's HPD violation record can strengthen your case. Open violations documented in public records support claims that conditions have persisted. Building violation records are available through Weverit building reports and at hpdonline.hpd.nyc.gov.
Frequently Asked Questions
What is an HP Action? An HP Action is a case in Housing Court that a tenant can start when a landlord isn't making necessary repairs or restoring essential services. It's grounded in the warranty of habitability — the right to safe, decent, and sanitary living space that's implied in every written or oral lease in New York City. For many tenants it's a more direct legal remedy than withholding rent, which can trigger eviction proceedings against you. Instead of putting yourself on the defensive, an HP Action puts the landlord's failure to repair in front of a judge who can order the work done and set a deadline for it.
When should I file an HP Action? An HP Action is strongest when you've laid the groundwork first. Ideally you've already filed a 311 complaint and an HPD inspection has documented violations, the landlord has received written notice of the conditions, and repairs still haven't been made within the required correction period — which ranges from 24 hours for immediately-hazardous Class C violations to longer windows for lower-level ones. Filing without a prior 311 complaint and written notice to the landlord weakens the case, so document everything before you file. Heat and hot water cases are among the most common, since those conditions are both serious and easy to document.
How do I file an HP Action, and do I need a lawyer? You file in the Housing Court of the county where the building is located — a Brooklyn property goes to Kings County Housing Court, a Manhattan one to New York County. The filing fee is $45 (cash, money order, or bank check), and if you can't afford it you can request a fee waiver at the clerk's office. At the clerk's office you fill out three forms: an Order to Show Cause directing correction of the violations, a verified Petition describing the conditions, and an Inspection Request for HPD to inspect. You do not need a lawyer to start an HP case — Housing Court Answers, a nonprofit, staffs information tables and has a hotline at 212-962-4795.
What happens in court, and what can the judge order? On the court date, you and the landlord each present your positions, and an HPD attorney is present to assist. If the court finds that violations exist, the judge may order the owner to correct them within a specified time frame; if the owner fails to comply, you can return to court to seek civil penalties or contempt charges. The landlord can agree to an order, or the court can issue one without their agreement, and if there are factual disputes the judge schedules a trial. If you're rent-stabilized, you can also file a reduction-of-services complaint with DHCR, which can freeze or reduce your rent while the violations remain uncorrected.
