Housing - Repairs

If your landlord sues you for nonpayment of rent and you have conditions in need of repair in your apartment, be sure to ask the Clerk for an inspection when you first go to court.   When you go before the Judge you should tell the Judge about any repairs that are needed in your apartment or your building.  If necessary repairs have not been made, the Judge may reduce the amount of back rent that you have to pay; this is sometimes called an "abatement."  You can also ask the Judge to order the landlord to make repairs. (See "How Do I Request a Housing Inspection?")

You can also sue your landlord to get repairs made.  Before starting any action in Housing Court, tell your landlord and superintendent about any problems in your apartment or building.  If possible, write a letter to your landlord and superintendent, preferably sent by certified mail, return receipt requested, so you have proof.  Include a list of the problems and tell them how long each problem has existed.  Keep a copy of the letter and the certified mail receipt.  If your landlord refuses to make repairs, you can bring one of two kinds of actions in Housing Court, a Housing Part ("HP") proceeding and/or a 7A proceeding.

If your apartment needs repairs, you can bring an "HP" case ("H" for "Housing" and "P" for "Part").  To begin the case, you should go to the Court Clerk's Office.  You must buy an index number to file your case in Court.  This costs $35.00, but if you cannot afford it, you can ask the Court Clerk for papers to fill out so you can start the case without paying the fee.  After completing these papers, a Judge will decide whether you can begin your case without paying the fee. 

Then, fill out the HP proceeding papers explaining what needs to be repaired in your apartment and in the public areas of your building.  The court may set dates for a housing inspector to visit your building and for a court hearing.

Before you start an HP action, talk to the other tenants in your building.  If there are building-wide problems, you and the other tenants in your building may also be able to get help in forcing your landlord to make repairs from the pro se Court Attorney or the Department of Housing Preservation and Development ("HPD") Tenant Assistance Unit or from other organizations listed in the "Where can I go for help" section below.

Click here for a fuller description of HP proceedings.

In a 7A Proceeding, the tenants in a building ask the court to remove the landlord as active manager and to appoint an administrator, who is supervised by the Court and who will collect the rent monies and use them to make repairs and to put the building back in shape.  The landlord keeps legal ownership, but no longer has the power to operate the building.  If the 7A administrator succeeds in repairing the building, the court can give control of the building back to the landlord.

At least one-third of all the tenants in the building must agree to bring a 7A Proceeding.  Often, a tenants' association can help in getting enough tenants together to bring a 7A Proceeding.   You and the other tenants in your building may be able to get help from the Court's pro se attorney, the HPD Tenant Assistance Unit or other organizations listed in the "Where can I go for help" section.