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Know Your Rights

HP Actions

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Today’s Agenda

Overview of the HP Action

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Governing Law

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Who Can Initiate an HP Action

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Common Grounds for an HP Action

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How / Where to Initiate an HP Action

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The First Court Date

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What is an HP action?

An "HP action," or Housing Part action, is a type of lawsuit in Housing Court that is initiated by tenants, or groups of tenants, to order their landlord to make necessary repairs, to stop engaging in harassment, or both.

HP actions are considered special proceedings, governed by NY CLPR Article 4, that are commenced by service of an order to show cause supported by a verified petition.

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Governing Law

NYCCCA § 110(a): "A part of the court shall be devoted to actions and proceedings involving the enforcement of state and local laws for the establishment and maintenance of housing standards, including, but not limited to, the multiple dwelling law and the housing maintenance code, building code and health code of the administrative code of New York..."

The principal codes governing HP actions are the NYC Civil Court Act (“NYCCCA”), the Housing Maintenance Code (“HMC”), and the Multiple Dwelling Law (“MDL”).

HMC § 27-2115(i): “In the event an owner fails to correct a violation within the time specified in a notice of violation sent to the owner, his or her agent or other person responsible for its correction pursuant to subdivision (b) of this section, or within any additional time granted pursuant to subdivision (c) of this section, and no certification of correction with respect to such violation has been filed by the owner or his or her registered managing agent in accordance with the provisions of subdivision (f) hereof, then at any time after thirty days have elapsed from the date such violation was to be corrected, any tenant or group of tenants who requested that the violation be issued may apply individually or jointly, to the housing part for an order directing the owner and the department to appear before the court. Where the violation is hazardous or immediately hazardous, the thirty-day requirement shall be waived. Said order shall be issued by the court for good cause shown…”

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Who can initiate �an HP action?

Any residential tenant, group of tenants, or the Department of Housing Preservation and Development (“HPD”) are proper petitioners in an HP action. This includes tenants in small buildings, Public Housing, and New York City-owned housing. [HMC § 27-2003]

However, tenants who reside in interim multiple dwellings that are subject to NYC Loft Law have not been held to maintain an HP action because interim multiple dwellings are not subject to the HMC and are instead subject to the Loft Board’s rules and regulations.

IMPORTANT NOTE: Immigration status does not affect a tenant's right to access housing court!

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Common Grounds �for an HP Action

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Failure to Maintain Building Common Areas

Owner's failure to "keep the roof, yard, courts and other open spaces clean and free from dirt, filth, garbage or other offensive material." [HMC § 27-2010]
Owner's failure to maintain common areas, so they remain in a "clean and sanitary condition." [HMC § 27-2011]
Owner's failure to paint or wallpaper walls in common areas to "keep such surface sanitary." [HMC § 27-2013(a)]
Owner's failure to provide janitorial services. [HMC § 27-2053]

Janitorial services = "Cleaning and maintenance, including the making of minor repairs; the furnishing of heat and hot water, where supplied from a central source; the removal of garbage, refuse, ashes and wastes from the premises; and the removal of snow, ice, dirt and other matter from the sidewalk and gutter." [HMC § 27-2052]

I want to first note that the term “owner” does not only mean the actual owner of the property. It can also include any agent, “officer,” or manager who is in control or partial control of the property. Generally, if an individual is involved in the process of collecting rent from a tenant, they might be considered an owner of the property under the Housing Maintenance Code. I will include a link to a website called JustFix at the end of the presentation that is a helpful tool for tenants to find who is considered an “owner” of the building in which they live.

Failure to Maintain Building Common Areas

Outside the building
Common areas inside of the building.
Paint or wallpaper walls.
Janitorial Services –

Cleaning
Making minor repairs
Furnishing heat & hot water
Removing garbage
Removal of snow, ice, and dirt from sidewalk and gutter

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Indoor Allergen Hazards & Pests

Owner's failure to "keep the premises free from pests and other indoor allergen hazards and from any condition conducive to indoor allergen hazards, and shall prevent the reasonably foreseeable occurrence of such a conditions and shall expeditiously remediate such conditions and any underlying defect, when such underlying defect exists..." [HMC § 27-2017.1]

Indoor allergen hazards = "any indoor infestation of cockroaches, mice, or rats or conditions conducive to such infestation, or an indoor mold hazard."
Pests = any unwanted bugs or rodents, or "any other unwanted plant, animal or fungal life that is a pest because it is destructive, annoying or a nuisance."

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Facilities

Owner's failure to provide / maintain waste matter receptacles, and owner's failure to frequently collect waste matter. [HMC §§ 27-2021, 27-2022, 27-2023]
Owner's failure to "provide and maintain a supply of pure and wholesome water sufficient in quantity and at sufficient pressure to keep all plumbing fixtures adequately supplied for their sanitary maintenance." [HMC § 27-2024]
Owner's failure to provide hot water from 6am – midnight at 120 °F. [HMC § 27-2031]
Owner's failure to provide heat from a central heating system between October 1st – May 31st. [HMC §§ 27-2028, 27-2029]

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Minimum temperatures to be maintained from �Oct 1st – May 31st��[HMC § 27-2029]

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Child Safety

Owner's failure to provide, install, and maintain window guards in a dwelling where a child under 10 years old resides. [HMC § 27-2043.1]
The existence of lead-based paint in a dwelling or common space where a child under 7 years old resides. [HMC § 27-2056.6]

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Harassment

"…any act or omission by or on behalf of an owner that (i) causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, and (ii) includes one or more of the following acts or omissions, provided that there shall be a rebuttable presumption that such acts or omissions were intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy..."

[HMC § 27-2004(a)(48)]

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"includes one or more of the following acts or omissions" :

Repeated interruptions or discontinuances of essential services;
Repeated failures to correct "hazardous" or "immediately hazardous" violations of the HMC;
Falsifying certain information to DOB or HPD;
Commencing repeated baseless or frivolous court proceedings;
Changing the locks or removing the door of an occupied unit;
Knowingly providing false or misleading information about a unit;
Illegal buyout offers;
Threatening an occupant based on protected class status (i.e., race, age, national origin, immigration status, gender, disability, sexual orientation, etc.);
(Catch-all provision) - "other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause or are intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy..."

[HMC § 27-2004(a)(48)]

“includes one or more of the following acts or omissions”

Repeated interruptions or discontinuances of essential services
Repeated failures to correct "hazardous" or "immediately hazardous" violations of the HMC
Falsifying certain information to DOB or HPD
Commencing repeated baseless or frivolous court proceedings
Changing the locks or removing the door of an occupied unit
Knowingly providing false or misleading information about a unit
Illegal buyout offers
Threatening an occupant based on protected class status (i.e., race, age, national origin, immigration status, gender, disability, sexual orientation, etc.)
(Catch-all provision) - "other repeated acts or omissions of such significance as to substantially interfere with or disturb the comfort, repose, peace or quiet of any person lawfully entitled to occupancy of such dwelling unit and that cause or are intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy..."

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How to Initiate an HP Action

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Before Going to Court

A tenant should inform their landlord about the repairs that need to be made in their residence. They should notify their landlord in writing (i.e., through email, text, an online portal, etc.) to keep a record of the request.

A tenant should document the poor conditions in their residence. Taking photos or videos of the conditions or keeping a detailed log of the temperatures in the residence will help later when in court.

A tenant should also call 311 to notify HPD about the poor conditions in their residence and to request an inspection. Calling 311 to make a complaint creates a public record and notifies the landlord of all violations.

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Before Going to Court

A tenant should first inform their landlord about the repairs that need to be made in their residence. They should notify their landlord in writing—like through an email, text, or online portal—to keep a record of the request. It is best if a tenant does this EVERY TIME something is not working. This can be a lot of work for them, but having consistent records of continual requests can be extremely helpful later when in court.

Secondly, a tenant should make sure to document the poor conditions in their residence. Photos are the best way to do this because they can be easily brought to the court. When taking photos of the poor conditions in a residence a tenant should try their best to take the photo in a way so that it is clear where the photo is being taken and of what. For example, if a tenant is taking a photo of trash in the hallway on their floor, being sure to have a door number or floor number visible in the photo will help the judge be able to clearly see where the photo was taken. Videos can be slightly more challenging to show to a judge as evidence, but it is certainly not impossible.

A tenant should also call 311 to notify HPD about the poor conditions in their residence and to request an inspection. Calling 311 to make a complaint is EXTREMELY IMPORTANT because even if it does not actually compel a landlord to make repairs, it creates a public record that can be accessed later when in court.

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If repairs have not been made after notifying their landlord and calling 311, a tenant should proceed to their borough's Housing Court to file an HP petition.

Bronx

1118 Grand Concourse

Manhattan

111 Centre Street

Queens

89-17 Sutphin Blvd (Room 209)

Brooklyn

141 Livingston Street

Staten Island

927 Castleton Avenue

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Filing an HP Petition

In addition to filling out the HP petition, a tenant will also have to pay a $45 court fee.

The petition form will ask for:

The tenant's information

(name, building information, phone #)

The landlord or managing agent's information

(name, address, phone #)

The conditions in the residence that need to be repaired / any violations that exist.

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Be very specific!

Once at Housing Court, a tenant should proceed to the Clerk’s Office to file an HP petition.

The HP petition form will ask a variety of information including:

The tenant’s information – name, building information, phone number.

The landlord or managing agent’s information – name, address, phone number.

Again, this information can often be accessed through a website like JustFix which will be provided at the end of the presentation.

The conditions in the residence that need to be repaired or any violations of the code that exist. When listing these violations, it is important to be very specific. Listing the exact room and location in the apartment where a repair needs to be made, or the exact location in the building common spaces where there are poor conditions is incredibly important.

And then, in addition to filling out the HP petition, a tenant will also have to pay a $45 court fee.

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What if a tenant cannot afford the court fee?

If a tenant is unable to pay the court fee, they may be eligible to have their fees waived by filling out a fee waiver with the court. This form will ask questions about the tenant's financial situation in order for the judge to decide if they are eligible.

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Serving a Landlord & HPD

After a tenant has filed an HP petition with the court and the Judge has signed an Order to Show Cause (OSC), the tenant must then "serve" their landlord and HPD with both the petition and the OSC. A tenant must do this by mailing the petition and OSC to their landlord and HPD by certified mail.

After mailing both items, a tenant

must then bring the mailing receipt

back to the courthouse to show the "receipt of service."

HPD MAILING ADDRESS

Department of Housing Preservation and Development

Housing Litigation Bureau

100 Gold Street

New York, NY 10038

Find your landlord’s

information here:

JustFix

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In addition to filing an HP petition with the court, a tenant can also request an inspection from HPD by filing out a Tenant's Request For Inspection form.

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Preparing for the First Court Date

After the judge has signed the OSC on the day the HP petition is filed, the clerk will notify the tenant of two important dates: the date of the HPD inspection, and the tenant’s first court date (which is typically 10 days after the HPD inspection).
Tenants should be sure to ask the clerks and court staff any questions they may have to be sure everything is done correctly throughout the entire process.
When preparing for the first court date, tenants should bring printed copies (2x) of any 311 reports, photos, or logs they may have pertaining to the poor conditions in their residence. If they have videos, they should put the videos on a USB flash drive to bring with them to court.

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Navigating The First Court Date

Tenants should report to the court at the time and to the room number noted on the OSC. They should be sure to arrive early and prepared with all documentation needed for their case (proof of service, photos, reports, etc.).
When tenants arrive to their assigned courtroom, they will find a list outside of the door with their name and a number. Once they have found this information, tenants must check in with the court officer inside the courtroom, giving them this number.
Once they have checked-in, tenants will then have to wait for the landlord and/or landlord’s attorney to arrive.
Once the respondents arrive (i.e., landlord and HPD), the parties will discuss the case. Often, the parties will try to resolve the case through signing a consent order or a stipulation of settlement. During this time tenants will be able to present their documentation which shows the poor conditions in their residence and/or any violations that might exist.

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Helpful Resources

HPD’s information: HPD Online

DOB’s information: DOBbis

Information about a building’s history: ACRIS

All the above information in one place: JustFix

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QUESTIONS?

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Queens Neighborhood Office

Group Advocacy Housing Unit

Michael: mmaskin@legal-aid.org

Monica: mmercola@legal-aid.org

Patrick: pjlanghenry@legal-aid.org

Johanna: jzapateiro@legal-aid.org

Contact Information

Group

Advocacy

Helpline

212-577-7988

Legal Aid

Society Helplines

Manhattan: (212) 426-3000

Brooklyn: (718) 722-3100

Bronx: (718) 991-4600

Queens: (718) 286-2450

Staten Island: (347) 422-5333