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HP (Housing Part) Case in Housing Court
HCR Complaint of Decrease in Services
3 Ways to Get Repairs in your Apartment First notify your landlord in writing of the problem(s). Send a letter with proof of mailing and save a copy
of it for your records. Give your landlord a deadline of at least 7-‐10 days in the future to complete the repairs. Tell them that if repairs are not completed after that date, you will take further action. After
that, here are some legal options you can use, each with its own pros and cons.
1 This is a case where tenants request that a housing court judge order the landlord to fix all housing code violations.
Pros:
• You are on the offense • You can get other tenants in your building involved
for greater effectiveness.
• Faster than other two options below • Available to all tenants in NYC • If the repair is deemed a housing code violation, the
judge will order the landlord to fix it.
Cons:
• Going to court costs time and energy. • If you are not a regulated tenant, the
landlord may retaliate and not renew
your lease. • There is no monetary compensation for the time
you went without repairs. You only get your repairs
done.
How to: Go to your borough’s housing court and bring with you $45 cash and a list of needed repairs. At the clerk’s office, tell them you want to file an HP Action. The clerk will give you forms to fill out, including an Order to Show Cause, a Verified Petition and an Inspection Request Form. Once filled in, the clerk will review the forms and schedule an inspection of your apartment by the City and the judge will sign the Order to Show Cause. You will also pay the $45 filing
fee. If you cannot afford this, you can apply for a waiver if you can show proof of your low income. Before you leave you court, make sure you have the following information: 1) your inspection date by the city; 2) your first court date and 3) instructions on how to serve your landlord a copy of the court papers. Please note, that service of the papers on your
landlord is very important. Your case will be dismissed if you do not follow the instructions of the court.
Homes and Community Renewal (HCR), a state agency, helps enforce repair rights for rent-‐controlled and rent-‐stabilized tenants. If HCR finds that your landlord has decreased services in your apartment, they will
order you to pay a lower rent until the landlord certifies that he has corrected all of the conditions found by HCR.
Pros:
• Avoid the costs of court. This is an administrative proceeding where everything is done by paperwork through the mail.
• You may be entitled to a rent reduction.
Cons:
• Very slow process (though a special process exists for emergency conditions)
• Not available for market-‐rate or NYCHA tenants.
2
Withholding Rent 3
How to: Call 311. Have an HPD inspector come to your apartment and record the violations. Then, Visit
http://www.nyshcr.org/Forms/Rent/#tenant and download and print form RA-‐81, “Application For a Rent Reduction Based Upon Decreased Service(s) – Individual Apartment,” or the similar RA-‐84 for building-‐wide issues. You can also
request one at 1-‐866-‐ASK DHCR. You must first notify your landlord of your issues before filing this complaint. With your complaint, attach a print out of the violations at www.nyc.gov/hpd. After filing, HCR will give your landlord time to respond and if the situation is not fixed, they may send their own inspector to your apartment to confirm your issues.
They will reduce your rent which will stay frozen until the landlord successfully proves to HCR that he has repaired the conditions in your apartment or buildings.
A tenant withholds his/her rent based on the theory that the landlord is not entitled to the full
rent if the tenant is not receiving the full value of the apartment.
Pros: • All tenants in NYC can use this method to get
repairs • Unlike an HP proceeding, you can fight to get some
rent credited to you.
Cons: • Your landlord will sue you for nonpayment, leading
to a case in Housing Court • You could end up on the Tenant Screening List. This
is a service that potential future landlords can access to see if you have been a delinquent tenant.
• A landlord can choose to not bring a case against
you for several months, meaning you will have to save all that rent in the meantime and may be
suffering with those conditions while waiting for the nonpayment case to start.
• If you do not save all your rent, you will be at risk of
eviction. For example: if you only saved 50% of the total rent and the judge decides that you are only entitled to a 10% rent credit, you will have to come
up with the missing 40% of the rent within a short amount of time.
• No law guarantees your right to deduct repair costs
from your rent, so you are taking a chance that the judge will rule in your favor in Housing Court.
How to: First, it is worth noting that while withholding rent may be effective, it is risky because there is no law in NYC that guarantees your right to automatically deduct repair costs from your rent.
Send your landlord a letter (certified mail, return receipt requested) stating that you are withholding rent because the
landlord has failed to respond to your requests for repairs and/or services (list exactly your problems). They will eventually start a Nonpayment case against you in Housing Court.
Be sure to save the money that you would have paid for rent, because you will end up paying at least most of it eventually. If you don’t save all of it, that could count against you in court.