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A Housing Part, or HP action is a
housing court proceeding initiated by a
tenant asking the court to order a
land-lord to make required repairs or
pro-vide necessary services. Any
conditions which affect life, health, and
safety apply. They may be as significant
as lead paint, problems with cockroaches,
mice or rats, lack of heat, hot water or
electricity or as minor as a leaky faucet.
A tenant interested in starting an HP
Action in Manhattan should go to the Civil
Court building at 111 Centre Street, 2nd
Floor.
Upon entering the building, proceed to
the HP Clerk's office. The clerk will
provide tenants with two forms: (1) a
Tenant's Request for Inspection on which
to list needed repairs (this will result
in an inspection of the apartment by
Housing Preservation and Development
(HPD) who will document housing code
violations and (2) an affidavit describing
the conditions in the apart-ment and what
steps the tenant took to have repairs
made. A third form will be filled out by
the HP clerk on behalf of the tenant.
Initiation of an HP action costs $35.
However, if a tenant is low-income or
receives SSI or SSDI disability or public
assistance, that fee can be waived. All
forms must be filled out in English. It is
therefore recommended that non-English
speakers bring someone along who can read
and write in English.
After completing the necessary
paperwork, a judge must sign the order
directing an inspection of the apartment.
Once signed, the HP clerk will explain how
to serve copies of the legal papers
on the landlord and a court date will be
set (usually two or three weeks after the
action is begun).
On the court date given by the HP
clerk, the tenant should return to the
courthouse and find the courtroom where
the HP actions will be heard. In
Manhattan, go to Part L on the 5th Floor.
If the tenant has any proof that the
apartment needs repairs (i.e., pic-tures)
or that the landlord knew of the
conditions in the apartment (i.e., letters
to the landlord requesting repairs) these
should be brought to court.
On the court date, an HPD report
should be in the court file listing any
violations which were documented during
the inspection. Any conditions listed in
the report must be repaired by the
landlord within a specified period of time
determined by statute. However, even if
the inspector does not find violations
for items you need repaired, you may bring
in pictures to prove that the item is a
violation.
HP actions are most commonly resolved
by the parties entering into a stipulation
(agreement) in which the landlord commits
to make repairs or provide services within
a specified time period. If such repairs
are not made, the tenant may restore the
case to the court calendar using forms
which the HP Clerk will provide and seek
imposi-tion of fines for the landlord's
failure to make repairs.
(Anita Eliot is a housing and benefits
lawyer affiliated with the New York
Lawyer's Guild. The Guild may be reached
at (212) 255-4181.)
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