Who this helps: NYC tenants whose landlord won’t fix a serious problem in their apartment — broken heat, no hot water, leaking ceiling, mold, broken locks, busted plumbing — and 311 complaints haven’t moved the needle.
Disclaimer: This is general information, not legal advice. Immigration status does not bar you from filing an HP proceeding. Contact a lawyer for advice on your specific situation.
If you have a serious repair issue and your landlord won’t act, there’s a tool many NYC tenants don’t know exists: you can sue your landlord in Housing Court yourself, without a lawyer, in a special type of case called an HP proceeding. It’s different from Right-to-Counsel — which only kicks in if your landlord sues you for eviction — and it’s the standard, court-blessed way to force a landlord to make repairs. According to the NYC Department of Housing Preservation and Development (HPD), “A tenant can bring a case against a property owner in Housing Court to force them to make repairs and provide essential services, like heat and hot water. This case is called an ‘HP action.'”
If you’ve been told to withhold rent until repairs are made — stop. Self-help rent withholding is how tenants lose their apartments. HP proceedings are how tenants force repairs without losing the lease. Here’s the playbook.
What an HP Proceeding Is
An HP proceeding (sometimes called an HP action) is a tenant-initiated case in NYC Housing Court that asks a judge to order your landlord to correct housing code violations. The case is between you and the property owner, with an attorney from HPD also present in court. If the judge agrees the violations exist, the judge can order the landlord to fix them within a specific time frame. If the landlord doesn’t comply, consequences include monetary fines, contempt of court penalties, possible jail time, and in extreme cases, loss of control over the building.
HP proceedings can also include claims of harassment. NYC law defines tenant harassment broadly — it includes the use of force or threats, repeated interruptions of essential services, the frequent filing of baseless court actions, removing a tenant’s possessions, removing or tampering with doors or locks, and other acts that substantially interfere with a unit’s lawful occupancy. If your landlord has done any of these, you can seek a civil penalty and a court order to stop the harassment in the same proceeding.
HP Proceeding vs. Right-to-Counsel: Two Different Tools
This is the confusion that costs tenants the most. Right-to-Counsel (also called Universal Access) provides eligible NYC tenants with a free lawyer when the landlord sues them for eviction — typically a holdover or nonpayment case. Right-to-Counsel is income-based; whether you qualify for free counsel depends on your household income.
The Right-to-Counsel program does not apply when you are the one bringing a case against your landlord. That includes HP proceedings to force repairs and HP claims for harassment. If you want a free lawyer for an HP case, you need to apply directly to legal services providers — you can’t get matched at the courthouse the way you would in an eviction case.
Step 1: Document Everything and Tell Your Landlord in Writing
Before going to court, HPD recommends contacting the landlord and letting them know in writing that the conditions exist, that you want them repaired, and that you will go to court if the repairs are not made. Keep a copy of the letter — you will bring it to court. Send it certified mail with return receipt, or by email with a read receipt, so you have proof of delivery.
Document the conditions with dated photos and videos. Note every time you’ve reported the issue to 311 (you’ll get a complaint number — save every one). Save text messages with your super or property manager. The more evidence, the smoother the case.
Step 2: File for Inspection and File the HP Papers
You may request a free HPD inspection by filling out a Tenant’s Request For Inspection. This gets a city inspector into your apartment to document the violations on the record — which then becomes evidence in court.
To start the HP case itself, you go to the Clerk’s Office at the Housing Court in the borough where your apartment is located. The clerk will give you the forms: an Order to Show Cause Directing the Correction of Violations (HP Action) and a Verified Petition. On the petition, you list every condition in need of repair in every room, plus public areas like hallways and basements if applicable.
You submit the signed forms with the court fee. After the clerk signs the Order to Show Cause, you must serve the papers on the property owner (and the managing agent, if there is one) and on HPD. The Order to Show Cause will tell you exactly how and by when to serve — often by certified mail, return receipt requested.
Step 3: Go to Court
On the return date, you and the owner each get a chance to present your side, with an HPD attorney also present. If the judge finds the violations exist, the judge can order the owner to correct them within a specific timeframe. Many HP cases settle before the judge rules — landlords frequently agree to a repair schedule in writing rather than risk a contempt finding.
You do not need a lawyer to start an HP case — HPD explicitly says so. But you can get help.
Free Help With HP Proceedings
The most useful free resource for self-represented HP tenants is Housing Court Answers (HCA). HCA staffs information tables at Housing Court in each of the five boroughs from Monday through Thursday, 9:00 AM to 5:00 PM (except Staten Island). Their staff will walk you through HPD programs, regulations, and the assistance available to tenants. You can also call their hotline at 212-962-4795. Their website, housingcourtanswers.org, has plain-English guides and forms.
Other places to call for free legal help on HP cases:
- The Legal Aid Society: 212-577-3300
- Legal Services NYC: 917-661-4500
- NYC HPD Tenant Rights line: Call 311 and ask for tenant rights legal assistance
Eligibility for free representation varies by organization. Many will at least offer a brief consultation, advice, or document review even if they can’t take the full case.
How to Take Action
- Write your landlord a dated repair-demand letter today. Describe each condition, request specific repairs, and state you will file in Housing Court if the conditions are not corrected within a reasonable time (10–14 days is standard for non-emergency repairs; heat/hot water is emergency).
- File a 311 complaint for every condition: heat/hot water, mold, leaks, vermin, no smoke detector, broken locks. Save every complaint number.
- Request an HPD inspection by calling 311 and asking for the Tenant’s Request For Inspection form, or via the HPD website at nyc.gov/hpd.
- Call Housing Court Answers at 212-962-4795 before you go to court. Ask them to walk you through the petition before you fill it out.
- Go to the Housing Court Clerk’s Office in your borough. Bring photo ID, your lease, the dated letter to your landlord, your 311 complaint numbers, the landlord and managing agent’s name and address, and photos of every condition. Ask for an HP packet.
- If you can, get a brief consult with The Legal Aid Society (212-577-3300) or Legal Services NYC (917-661-4500) before your first court date.
- Never withhold rent on your own. If your landlord sues you for nonpayment because you withheld rent, you can lose your apartment. Use the HP process to force repairs while staying current on rent. If you’re in an active eviction case, that’s the moment Right-to-Counsel kicks in — show up to your first court date and ask to be connected with a legal services provider on the spot.
Why This Matters
Eviction defense gets the headlines, but the daily fight for most NYC tenants isn’t the threat of losing the apartment — it’s living in one where the heat doesn’t work in February, the kitchen ceiling has been leaking since November, and the landlord stopped returning calls in March. 311 complaints log the problem. HPD inspections create a record. But the only thing that produces a court order with consequences is an HP proceeding. The process is designed to be done without a lawyer. It costs less than a month of withheld rent. And the threat of filing one — backed by a dated letter and a stack of 311 numbers — is often enough to get the repairs made before you ever set foot in the clerk’s office.
This article provides general information about HP proceedings in NYC Housing Court. It is not legal advice. Housing law is fact-specific. If your situation is complicated — for example, if you’re in a rent-stabilized unit, have a pending eviction case, or have experienced harassment that put your safety at risk — contact a lawyer through The Legal Aid Society (212-577-3300), Legal Services NYC (917-661-4500), or Housing Court Answers (212-962-4795) before filing.
