HP Actions in NYC: How to Force Your Landlord to Make Repairs

Living with no heat in winter? Mold in your bathroom? Rats in your kitchen? If your landlord refuses to make repairs, you don't have to suffer in silence. An HP Action is a powerful legal tool that lets you take your landlord to Housing Court and force them to fix dangerous conditions.

What Is an HP Action?

An HP Action (Housing Part Action) is a special proceeding in NYC Housing Court where tenants can:

• Force landlords to make repairs
• Get the court to order inspections
• Seek civil penalties against landlords who ignore violations
• Request rent abatement for the time you've lived with the conditions

Unlike an eviction case (which the landlord starts), an HP Action is brought by the tenant. You're the petitioner — you're taking action to protect your home.

What Conditions Can You Sue For?

HP Actions typically involve violations of the Housing Maintenance Code. Common conditions include:

• No heat or hot water — Landlords must provide heat (Oct 1 – May 31) and hot water year-round
• Pests — Rats, mice, roaches, bed bugs
• Mold and mildew — Often from water leaks or poor ventilation
• Lead paint hazards — Especially dangerous for children
• Broken locks or security issues — Front door, apartment door, windows
• Plumbing problems — Leaks, clogs, no running water
• Electrical issues — Exposed wiring, broken outlets, no power
• Structural problems — Holes in walls, ceilings, or floors
• Elevator outages — Especially problematic for disabled or elderly residents

Before You File: Document Everything

Strong documentation is the key to a successful HP Action. Before you file, gather evidence:

Photographs and Videos

Take clear photos and videos of all conditions. Make sure they're dated (your phone usually timestamps them automatically). If you can, show the progression over time.

Written Complaints to Your Landlord

Send complaints in writing — email or text is fine. Keep copies. If you've complained verbally, follow up in writing: "As I mentioned on the phone yesterday, the heat is still not working..."

311 Complaints

Call 311 or use the NYC 311 app to report housing conditions. This creates an official record and may trigger an HPD inspection. Keep your complaint numbers.

Medical Records

If the conditions have affected your health (asthma from mold, bites from bed bugs), get documentation from your doctor.

HPD Violations

Check if your building already has open violations at HPD Online. You can use these as evidence in your case.

How to File an HP Action

Step 1: Complete the Petition

You'll need to fill out an HP Action petition form, which is available at the Housing Court clerk's office or online. The petition should include:

• Your name and address
• The landlord's name and address
• A description of the conditions
• What you want the court to do (order repairs, civil penalties, etc.)

Step 2: Draft Your Affidavit

The affidavit is your sworn statement describing the conditions in detail. This is where you tell your story. Include:

• How long each condition has existed
• When and how you complained to the landlord
• How the conditions have affected you
• Any HPD violations or 311 complaints

Step 3: File at Housing Court

Bring your completed petition and affidavit to the Housing Court clerk's office in your borough. There's no filing fee.

Step 4: Serve the Landlord

The court will tell you how to serve the landlord. Usually, someone other than you must deliver the papers.

Step 5: Attend Your Hearing

Show up on your court date with all your evidence. Be prepared to explain the conditions and show your documentation.

What Happens in Court?

At your first court appearance, several things might happen:

• HPD inspection ordered — The court may order HPD to inspect your apartment and report back
• Settlement negotiation — The landlord may agree to make repairs by a certain date
• Trial scheduled — If there's no agreement, the case goes to trial

If the court orders repairs and the landlord doesn't comply, you can go back to court and ask for:

• Civil penalties (fines paid to you)
• Contempt of court
• An order allowing you to make repairs and deduct from rent

Can You Get Rent Abatement?

Yes. In an HP Action, you can ask for a rent abatement — a reduction in the rent you owe because you've been living with substandard conditions.

The amount depends on how severe the conditions are and how long they've existed. Courts have awarded abatements ranging from 10% to 100% of rent, depending on the circumstances.

HP Actions and Eviction Cases

If your landlord has also filed an eviction case against you, your HP Action can be consolidated (joined) with the eviction case. The conditions in your apartment become a defense — you can argue for rent abatement and set off what the landlord claims you owe.

This is a powerful strategy: instead of just defending against eviction, you're also holding the landlord accountable for their failures.

Common Mistakes to Avoid

• Not documenting conditions — Without evidence, it's your word against the landlord's
• Waiting too long — File while conditions are ongoing; don't wait until you've moved out
• Being vague — "The apartment is in bad condition" isn't enough; describe specific problems
• Missing court dates — If you don't show up, your case can be dismissed
• Stopping rent without legal advice — This can backfire and lead to eviction

Housing Court Locations

Resources

• NYC Housing Court Official Website
• HPD Online — Check Building Violations
• Housing Court Answers Hotline
• Met Council on Housing

This guide is for informational purposes only and does not constitute legal advice. For advice specific to your situation, consult a licensed attorney.