An HP action — officially a proceeding in the Housing Part of NYC Civil Court — is the tool tenants use to force a landlord to make repairs. If your landlord is ignoring conditions violations, failing to fix a dangerous situation, or dragging their feet on repairs that affect your health and safety, filing an HP proceeding puts the matter before a judge who can order your landlord to act by a specific deadline — with serious consequences for non-compliance.
What Is an HP Action?
An HP proceeding is a civil court case filed by a tenant (or a group of tenants) against a landlord to compel repairs. It is governed by Article 7-A of the Real Property Actions and Proceedings Law and the Housing Maintenance Code. Unlike an HPD complaint — which is an administrative process — an HP action puts you in front of a judge who has the power to:
- Order the landlord to make specific repairs by a court-ordered deadline
- Hold the landlord in contempt of court if they fail to comply
- Order civil penalties against the landlord
- In extreme cases, appoint a 7-A administrator to manage the building and make repairs using the rent collected
HPD is automatically a party to HP proceedings, which means city inspectors are involved and violations become part of the official record.
When Should You File an HP Action?
Consider filing an HP action when:
- You have filed HPD complaints (311) and the violations remain uncorrected
- The conditions are dangerous — no heat, mold, structural damage, pests, broken locks
- Your landlord has explicitly refused to make repairs
- HPD has issued violations but the landlord has not corrected them within the required time
- You need a court order to force action, not just a violation notice
You do not need to have filed HPD complaints first to bring an HP action, but having existing HPD violations strengthens your case significantly. File your HPD complaints via 311 before or when you file the HP action.
How to File an HP Action: Step by Step
Step 1: Gather Your Evidence
Before going to the courthouse, prepare:
- A list of every condition needing repair — be specific (e.g., “broken radiator in bedroom, no heat since October 15”)
- Photos or video of all conditions, dated and timestamped
- HPD violation records printed from hpdonline.nyc.gov
- 311 complaint confirmation numbers showing you reported the conditions
- Written notices you sent to your landlord about the repairs
- Your lease (showing the landlord’s identity and your tenancy)
Step 2: Go to the Housing Court Clerk’s Office
Go to the housing court clerk’s window at your borough courthouse and tell them you want to file an HP proceeding. The clerk will give you the necessary forms — primarily an Order to Show Cause (OSC) and a Petition. You fill these out at the courthouse; clerk staff can help you understand what goes where.
On the petition form, list:
- Your name and apartment address
- The landlord’s name and address (from your lease or HPD’s building registration records)
- Each condition needing repair, described specifically
- Any HPD violations already on record for the conditions
There is typically no filing fee for HP proceedings brought by tenants.
Step 3: A Judge Signs the Order to Show Cause
The clerk will direct you to a judge or court attorney who reviews your petition. If the conditions appear serious, they sign the OSC, scheduling a hearing — often within a few weeks, or faster for emergency conditions. The OSC is then served on your landlord and on HPD.
Step 4: The HP Hearing
At the hearing, both you and the landlord appear before a judge. HPD may also appear if they have been inspecting the building. The judge reviews the conditions, any HPD violation records, and the landlord’s response. Typical outcomes:
- Consent order: The landlord agrees to fix specific conditions by a specific date — the court enters this as a binding order
- Court order after hearing: Judge orders repairs with deadlines after hearing both sides
- Case settled: Sometimes landlords begin repairs before the hearing to avoid a court order
Step 5: Follow Up After the Order
If the landlord fails to make repairs by the court-ordered deadline, return to court and file a motion for contempt. Bring documentation showing the repairs were not made — photos, a written log. A contempt finding can result in fines, and in serious cases, incarceration of the landlord or their principal.
Tip: File as a Group
If multiple tenants in your building have the same or similar conditions, you can file a joint HP proceeding. A multi-tenant action is more powerful than an individual filing — it demonstrates a building-wide pattern and makes contempt findings more impactful. Talk to your neighbors before filing and consider filing together.
Free Help Filing an HP Action
- Housing Court Help Center: At your borough courthouse — staff can help you complete HP forms
- Legal Aid Society: (212) 577-3300 — representation in HP proceedings
- Legal Services NYC: (917) 661-4500
- Housing Court Answers: (212) 962-4795 — phone guidance on HP filings
- HPD Online: hpdonline.nyc.gov — print violation records before going to court
Frequently Asked Questions
Is there a filing fee for an HP proceeding?
No. HP proceedings brought by tenants to compel repairs are generally free to file in NYC Housing Court.
Can I file an HP action if I have a housing court case pending against me?
Yes. HP proceedings can run simultaneously with nonpayment or holdover cases. In fact, if your landlord is bringing a nonpayment case against you and there are conditions violations, the HP action and the violations can be used as a defense or counterclaim in the landlord’s case. A tenant attorney can coordinate both proceedings strategically.
What if my landlord makes repairs right before the hearing?
If your landlord repairs the listed conditions before the hearing, the court may dismiss the case as moot — but you can still ask for a court order memorializing the repairs and setting a follow-up date to ensure the conditions don’t recur. Document that the repairs were made to your satisfaction before agreeing to a dismissal.
How long does an HP action take?
First hearings are typically scheduled within 2–4 weeks of filing, sometimes faster for emergency conditions. If the matter is contested or requires multiple court dates, it can take several months to full resolution. Emergency conditions like no heat in winter are often fast-tracked.
