Tenants have the right to commence a tenant initiated action against their landlord to obtain required repairs in their apartment and in the public areas of their building.
When starting an HP action in Housing Court, the tenant should request an inspection of all defective conditions in their apartment and building by completing an inspection request form. This will result in the court sending a New York City, Department of Housing Preservation and Development, Office of Code Enforcement, inspector to issue violations for all defective conditions. The inspector will only inspect the items listed in the inspection form. Thus, it is important that the tenant remembers to list all defective conditions in the inspection request.
The tenant will be given a date to appear in court as well as an inspection date and time. The tenant must make sure to be home at the inspection time to provide access to the inspector. The tenant must also appear in court on the court date. Should the tenant not appear at either time, his case may be dismissed by the court.
At the court date, the judge will review the inspection report. The landlord will be ordered to correct all violations within the legally mandated time periods. For instance, class C violations which are deemed hazardous, such as no heat or hot water, must be remedied within seventy-two (72) hours.
If the landlord does not comply with the court's repair order, it faces many serious consequences. The consequences, include but are not limited to, monetary fines, contempt of court penalties, jail and the possible loss of control over the building.
HP actions tend to be very complicated and time consuming. Parties should speak with an attorney before proceeding. We offer complimentary-no obligation consultations and you are welcome to schedule your consultation by calling us at 212-921-1600.