What Is an HP Action and How Do I File One in Housing Court?

January 10, 2026

Stuck with a leaky ceiling, faulty heat, or other hazards your landlord ignores? An HP Action in housing court could be your ticket to repairs-and justice.

Tip: Want to sanity-check a specific address? Search it on Building Health X to see recent heat/hot water, pests, noise, safety and violations across 30/90 days, 1 year and 3 years.

This powerful tenant tool levels the playing field against neglectful owners, backed by New York City's Housing Maintenance Code.

Discover what it is, when to file, step-by-step prep and process, plus outcomes and free legal aid to get your home fixed fast.

What Is an HP Action?

An HP Action (Housing Part Action) is a tenant-initiated summary proceeding in NYC Housing Court to enforce landlord repairs for Housing Maintenance Code violations. Tenants use it to force landlords to fix serious issues like no heat or pests through court orders. This process addresses landlord tenant disputes quickly in NYC Housing Court.

HP Actions target violations reported to the Housing Preservation Department (HPD) that landlords ignore. For example, if heat drops below 68 degreesF in winter, tenants can seek a court order for repairs. This differs from holdover or nonpayment petitions by focusing on habitability breach rather than eviction.

Courts may grant rent abatement, appoint an administrator, or impose penalties in an HP Action. Tenants file after documenting HPD violations via 311 calls. This tool protects tenant rights against illegal lockout or constructive eviction.

Understanding HP Actions helps in broader eviction proceedings like nuisance holdover or chronic nonpayment cases. It give the power tos pro se litigants with court forms from the housing court clerk. Always track the HP docket for updates.

Legal Definition and Purpose

Under NYC Civil Court Act 110(a), an HP Action lets tenants sue landlords in Housing Court for court-ordered repairs when Housing Maintenance Code violations threaten health or safety. It draws from NYC Administrative Code 27-2005 and Multiple Dwelling Law. This summary proceeding ensures swift enforcement of landlord obligations.

The main purposes include four key outcomes. First, courts issue an order to correct violations. Second, they provide rent abatement for lost use of the apartment. Third, civil penalties range from $250 to $2000 per violation. Fourth, judges appoint an administrator if needed.

Consider this basic flowchart for the HP action process: Report violation to HPD via 311, receive an HPD violation and Order to Correct, wait for no fix, then file HP. For instance, a lead paint hazard triggers this path. Tenants strengthen cases with proof of service and tenant affidavits.

HP judges oversee these in Housing Part, distinct from nonpayment or holdover petitions. Pro se litigants use court forms for petition filing. This upholds tenant rights in rent-stabilized apartments or Section 8 cases.

When Tenants Should File

File HP Action when landlord ignores HPD violations for 21+ days after Order to Correct, especially Class B/C hazards like no heat below 68 degreesF, pests, or leaks. Always document 311 calls first. This starts the steps to file HP in NYC Housing Court.

Use this decision table to guide timing:

Violation Type	Wait Period	File HP?
Class A (e.g., paint chips)	Monitor	No, unless ongoing
Class B (e.g., no hot water)	21 days	Yes
Class C (e.g., no heat)	24 hours	Immediate

Class C issues like pest infestation demand quick action beyond the Emergency Repair Program, which caps at $5000. Log all 311 interactions for your housing court answers. Check HPD inspector reports for building code violations.

Avoid repair and deduct for major hazards; pursue HP instead. Combine with harassment claims or retaliatory eviction defenses. Seek housing court navigator or legal aid for court appearance prep, especially in rent control or public housing.

HP Action vs. Other Housing Cases

HP Actions differ from nonpayment and holdover petitions because tenants initiate them to force repairs, not defend against eviction. In a housing court setting, landlords typically file nonpayment or holdover cases to recover rent or end tenancies. Tenants use HP actions to address housing maintenance code violations like leaks or pests.

Understanding these distinctions helps tenants choose the right court filing. For example, if a landlord sues for unpaid rent, a tenant might file an HP counterclaim alleging habitability issues. This hybrid approach combines defense with demands for fixes.

Each case type follows a unique HP action timeline and process in NYC housing court. Filing fees remain consistent at $45 across them, but outcomes vary from repair orders to eviction warrants. Tenants should review court forms on the NYS courts website before proceeding.

Aspect	HP Action	Nonpayment	Holdover
Who Files	Tenant files	Landlord files	Landlord files
Main Goal	Repairs ordered	Rent owed	Tenancy ends
Filing Fee	$45	$45	$45
Timeline	30-60 days	14-30 days	30-90 days
Example Issue	Pest infestation	Rent arrears	Lease expiration

In practice, a tenant facing a nonpayment petition can raise an affirmative defense of poor conditions and counterclaim with an HP action. This strategy often leads to stipulations for repairs alongside payment plans. Consulting a housing court navigator clarifies these options.

Preparing to File an HP Action

Proper preparation wins most HP actions in NYC Housing Court. Document everything before filing at 111 Centre Street. Evidence collection takes 1-2 hours but determines case success.

Start by gathering proof of housing maintenance code violations. This includes HPD violations and photos. Strong evidence supports your tenant rights against landlord obligations.

Next, collect required forms like the HP-1 petition. File with the housing court clerk and pay court filing fees. Proper service of process avoids rejection.

Review your lease for breaches like habitability issues. Note any notice to cure or 311 logs. This preparation strengthens your position in the HP action process.

Gathering Evidence

Collect 7 specific pieces of evidence: HPD violation documents, timestamped photos/videos, 311 call logs, neighbor statements, and utility bills showing service interruptions. This builds a strong case for your HP action. Focus on clear, dated proof of issues like heat hot water complaints or pest infestations.

Take photos in natural light with measurements. Include a clock or calendar for timestamps. Show before/after conditions for repairs like mold remediation.

Print HPD violations from the NYC Open Data portal for your building.
Take dated photos and videos of issues like leaks or broken windows.
Download 311 call history from 311.nyc.gov to prove repeated complaints.
Get 2 neighbor affidavits describing shared problems like noise or odors.
Collect Con Ed bills for heat issues or power outages.
Obtain pest inspector reports from licensed services.
Record a full video walkthrough of the apartment.

Use this evidence in your housing court petition. It counters defenses like nuisance holdover claims. Judges rely on detailed proof during the court appearance.

Required Documentation

Download 5 required Housing Court forms from nycourts.gov: HP petition, affidavit of service, order to show cause if emergency, 311 logs, HPD violations. These are essential for filing an HP action. Missing items leads to delays in your landlord tenant dispute.

Complete the Notice of Petition & Petition. Attach proof like HPD Order to Correct Violations. Verify all pages have the index number.

Housing Court Petition (Form HP-1) details your claims.
Notice of Petition & Petition serves as the summons.
Affidavit of Service confirms delivery to the landlord.
HPD Order to Correct lists open violations.
311 Service Request History shows complaint timeline.

Common rejection reasons include missing index number or improper service of process. Double-check before submitting at the housing court location. Use a filing checklist to ensure completeness for your court calendar spot.

Filing Process in Housing Court

HP Actions file at NYC Housing Court (111 Centre St, Manhattan) for a $45 fee, get index number instantly, serve landlord within 3 days. This starts your eviction proceeding or response to issues like rent arrears or housing maintenance code violation. Tenants and landlords use this court for landlord tenant disputes.

Arrive early since courts open at 8am and lines form quickly. Bring completed forms like a holdover petition or nonpayment petition. The housing court clerk reviews and assigns an index number right away.

After filing, serve papers via marshal or certified mail. File proof of service to schedule your first court appearance. Expect the process to take about 45 minutes at the clerk plus time for service.

E-filing is limited for pro se litigants, so in-person filing works best for most. Check the court calendar for your HP docket and any adjournment request needs. This keeps your HP action process moving smoothly.

Where and How to File

File HP petitions at your borough's Housing Court: Manhattan (111 Centre St), Brooklyn (141 Livingston St), etc. - $45 filing fee, cash/card accepted. Courts operate from 8:30am-5pm weekdays.

Borough	Address	Notes
Manhattan	111 Centre Street, New York, NY 10013	Main location for citywide filings
Brooklyn	141 Livingston Street, Brooklyn, NY 11201	Handles Kings County cases
Bronx	1113 Grand Concourse, Bronx, NY 10451	Serves Bronx residents
Queens	88-11 Sutphin Boulevard, Jamaica, NY 11435	Queens County courthouse
Staten Island	18 Richmond Terrace, Staten Island, NY 10301	RIC courthouse for SI

Follow these 5 steps to file your HP action. First, complete court forms from the NYS courts website, like a verified petition for illegal lockout or nuisance holdover.

Go to the housing court clerk when it opens at 8am, submit forms for review.
Pay the $45 fee in cash or credit, plus $20 service if using marshal.
Receive your index number immediately for tracking.
Serve the landlord within 3 days via marshal ($22.50) or certified mail ($8).
File the affidavit of service or proof of service to advance your case.

This steps to file HP timeline ensures quick action on issues like tenant rights or landlord obligations. For pro se litigants, clerks offer guidance on court forms. Use housing court navigator programs if available for extra help.

What Happens After Filing

After filing, your case gets a court date within 10-21 days; landlord must Answer or risk default judgment for repairs. The court assigns an index number and schedules the first appearance on the HP docket. You must serve the landlord promptly through proper service of process.

Landlords often file an Answer denying the housing maintenance code violation or a motion to dismiss claiming the petition lacks merit. Tenants should prepare by gathering evidence like photos of the heat hot water complaint or HPD violation reports. Bring copies of your tenant affidavit and proof of service to court.

The typical HP action timeline unfolds as follows:

Day 1-3: Serve the landlord with the summons and petition.
Day 10-21: Attend the first court call; check court calendar for updates.
Day 30: Judge may order a conference or building inspection order.
Day 60: Proceed to trial, settlement via stipulation of settlement, or inquest hearing.

Cases often face adjournment requests; you get one free adjournment but need to show cause for more. Common delays arise from attorney representation or disputes over order to correct. Pro se litigants can seek help from housing court navigator or tenant helpline.

Common Outcomes and Remedies

HP actions in NYC Housing Court often lead to practical resolutions for housing maintenance code violations. Tenants filing an HP action commonly see orders for repairs alongside rent adjustments. Landlords face obligations to fix issues or pay fines in these housing part actions.

Courts aim to enforce landlord obligations while protecting tenant rights. Outcomes vary based on violation severity, evidence presented, and court findings during the HP action process. Common results include repair mandates, financial penalties, or case settlements.

Understanding these outcomes helps tenants prepare for court appearances or adjournment requests. For example, a tenant with a heat hot water complaint might secure immediate relief. Landlords can avoid harsher penalties by showing compliance with a notice to cure.

Remedies focus on restoring habitability and deterring repeat violations. Courts may appoint a 7A receiver in extreme cases. Tenants should track HPD violations and gather proof like photos for stronger cases in civil court NYC.

Order to Correct: Judge mandates repairs by a deadline, common for issues like leaks or broken windows.
Rent reduction: Abatement granted until fixes are complete, easing financial strain from habitability breach.
Civil penalties: Fines assessed per violation to enforce Housing Preservation Department standards.
7A receiver: Court-appointed manager oversees severe neglect in rent-stabilized buildings.
Dismissed: Case ends if landlord proves repairs done or tenant lacks evidence.
Stipulation: Parties agree to terms like repair timelines, avoiding full trial.

Violation Type	Common Remedies
Heat violation	Full rent abatement until fixed, plus possible fines.
Pests	$500 fine plus court-ordered repairs and extermination.
Mold	Remediation order, rent reduction, inspection follow-up.
Lead paint hazard	Immediate abatement, relocation if needed.

These remedies connect with broader landlord tenant disputes, such as in nonpayment petitions. Tenants can use outcomes to counter rent arrears claims. Always consult housing court answers or legal aid for case-specific advice.

Costs, Fees, and Legal Aid

HP actions cost $45 to file plus $22.50 marshal service. Get free legal aid from Legal Aid Society at 212-577-3300 or Housing Court Navigator programs. Additional costs for copies bring the total near $75.

Tenants facing a holdover petition or nonpayment petition often worry about these court filing fees. Landlords must cover service of process through the marshal. Budget for extras like photocopying your tenant affidavit or proof of service.

Free resources ease the burden in NYC Housing Court. The Legal Aid Society helps if your income is below 200% of poverty. Housing Court Navigators assist pro se litigants at no cost in every court.

Cost Item	Amount
Filing fee	$45
Marshal service	$22.50
Copies and misc.	$5
Total estimate	~$75

Pro se tenants with Navigator help fare better than those going alone. Use these options to build your affirmative defense, like a habitability breach or retaliatory eviction claim. Always ask the housing court clerk about fee waivers for low-income filers.

Free Legal Aid Resources

Start with the Legal Aid Society for tenants qualifying by income. They provide attorney representation in eviction proceedings. Call 212-577-3300 to check eligibility for your landlord tenant dispute.

The Housing Justice For All Project offers support for complex cases like rent-stabilized apartment issues. Navigator Program gives free help at all housing court locations, such as 111 Centre Street. They guide pro se litigants through filing housing court answers.

Dial 311 Tenant Helpline for quick advice on HPD violations or heat hot water complaints. Visit LawHelpNY.org for court forms like the respondent answer. These tools help with motion to dismiss or adjournment request.

Legal Aid Society: Income-based attorney help, call 212-577-3300.
Housing Justice For All Project: Free for eviction defense.
Navigator Program: On-site at courts, no cost.
311 Tenant Helpline: Immediate guidance.
LawHelpNY.org: Downloadable verified petition forms.

Frequently Asked Questions

What Is an HP Action and How Do I File One in Housing Court?

An HP Action, or Housing Part Action, is a special proceeding in New York City's Housing Court designed to enforce housing standards and address severe violations like lack of heat, hot water, or unsafe conditions in rent-stabilized or multiple-dwelling buildings. Tenants or building occupants can file an HP Action to seek court orders for repairs, rent reductions, or other remedies. To file one: 1) Document violations with photos, letters from the landlord, and 911 records; 2) Visit the Housing Court's Help Center or clerk's office in the borough where the building is located; 3) Fill out the Notice of Petition and Verified Complaint (forms available online at nycourts.gov or at court); 4) Pay a small filing fee (waivable if low-income); 5) Serve the landlord; 6) Attend the hearing where a judge may order immediate relief. Consult free legal services like Legal Aid or a tenant attorney for assistance.

What exactly is an HP Action in Housing Court?

What Is an HP Action and How Do I File One in Housing Court? An HP Action refers to a proceeding in the Civil Court's Housing Part (HP) in NYC, initiated primarily by tenants to compel landlords to correct Housing Maintenance Code violations or emergency conditions such as no heat or hot water. It's faster than regular court cases and can result in court-appointed administrators, fines, or triple rent damages. Unlike eviction proceedings (holdover or nonpayment), HP Actions focus on habitability issues.

Who can file an HP Action and when should I do it?

What Is an HP Action and How Do I File One in Housing Court? Any tenant, occupant, or authorized NYC agency (like 311 or HPD) can file an HP Action if the building has serious violations listed on HPD's website or if emergency conditions exist (e.g., no heat below 62 degreesF). File promptly after notifying the landlord in writing and allowing a reasonable time for repair-emergency conditions allow immediate filing without prior notice.

What documents do I need to file an HP Action in Housing Court?

What Is an HP Action and How Do I File One in Housing Court? Gather evidence including lease, photos/videos of violations, HPD violation reports (from portal.311.nyc.gov), prior complaints to 311, utility shutoff notices, and witness statements. You'll need to complete the Petition by Tenant for Order to Correct Violations (HP form) and schedule of violations. No attorney is required, but Help Centers provide free forms and guidance.

How much does it cost to file an HP Action, and can fees be waived?

What Is an HP Action and How Do I File One in Housing Court? The filing fee is typically $45, but it can be reduced or waived if you qualify for poor person's relief by submitting an affidavit of indigency. Service fees may apply unless done by marshal or court officer. Many tenants use free clinic services at Housing Court to avoid costs altogether.

What happens after I file an HP Action in Housing Court?

What Is an HP Action and How Do I File One in Housing Court? After filing and serving the landlord (within 3 days via personal delivery or mail), a hearing is scheduled within 7-21 days. The judge reviews evidence; if violations are proven, they may issue an order to correct within a set time, appoint an administrator, abate rent, or impose civil penalties. Non-compliance can lead to contempt charges. Follow up by checking court orders on e-courts.nycourts.gov.