| Coleman Process Service, Inc. |
Repairs
How to sue your Landlord for repairs is a guide for you to use if you
are unable to hire a lawyer. This not legal advice, but a guide for you
to use to represent yourself against your Landlord.
A Landlord is required by law to provide their Tenants with adequate
services and to keep your building and apartment in good repair. If
your Landlord is not providing basic services such as heat and hot
water,you may sue your landlord for repairs.
If your apartment is in need of repairs, you have notified your Landlord
in writing of the conditions of your apartment,and repairs have not
been made, you can sue your landlord for repairs in the Housing Part
of Civil Court.
The Court can order your landlord to provide services and make
repairs. This action is called a Tenant-initiated action' or a Housing
Part ("HP") Action.
How To File A Suit
Coleman Process Service, Inc, can assist you in filing a suit against
your Landlord by serving the proper documents for you to start action.
To start action against your Landlord you must first go to the Clerk's
office of the Housing Court in the borough which your building is
located. Tell the clerk that you want to bring an HP action against your
landlord. T
The fee for bringing action against your Landlord is $35. This fee may
be waived if you cannot afford to pay. If you have a low income you
should tell the clerk that you want to file a "poor person's" application
and fill out the additional papers stating your financial situation.
Ask the clerk to schedule an inspection of your apartment and/or
building by the court inspectors from the Department of Housing
Preservation and Development (DHPD). Each tenant will be asked to
fill out a form called a "Request for an Inspection" listing the poor
conditions, as well as a separate form. Make sure that everything that
needs repair in your apartment or building is listed.
These documents are called an Order To Show Cause. You must get
them signed by a judge to proceed with your suit and receive a date to
appear in court. Our agents are familiar with Court Clerks and Judges
and can help speed up this process for you. We recommend that you
seek legal counsel before going to court.
Serving The Court Papers
You will need a Professional Process Server to serve your
documents to your Landlord or their representative. You must deliver
one copy to city's Department of Housing Preservation and
Development (DHPD).
Preparing For Court
You should gather all evidence to show that services have not been
provided or repairs have not been made. Take photographs of
conditions in your apartment or building and gather copies of letters
you have written notifying the landlord of problems.
It is a good idea to keep a written record of building and/or apartment
problems noting any steps you may have taken, such as phone calls to
the landlord or conversations with the superintendent, to have the
problems corrected . Write down dates and times.
If a group of tenants in your building has initiated the HP Action it is
important to meet before the court date to agree on a plan of action
and to go over evidence. You may want to choose which tenants will
testify. You should also seek legal counsel before going to court.
Your Day In Court
Come to Court on the date written on the Order to Show Cause.
Bring your photographs, written record of complaints, letters, and court
papers with you.
There may be an attorney from the DHPD's Litigation Unit. The DHPD
attorney is there to represent the City. It is the City's legal
responsibility to make sure that the repairs in your building and/or
apartment are made.
The DHPD attorney assigned to your case will call out your name,
address and ask to speak with you. Tell the DHPD attorney about the
conditions in your apartment/building and show him/her your evidence.
The DHPD attorney should help you get a copy of the inspector's
report based on the inspection you requested when you filed your HP
Action.
IMPORTANT: Make sure you get the name and telephone number of
the DHPD attorney before you leave the court. You will need this
information to follow-up with the DHPD attorney, especially if the
landlord does not make the repairs.
The court may try to mediate a settlement between you and your
landlord. The landlord may agree to make repairs but may argue that
more time is needed. If you want to accept the landlord's settlement a
"stipulation" will be written that outlines the agreement between you
and the landlord. Make sure that any stipulation is signed and stamped
"So Ordered" by the judge. This is the only way that the agreement is
enforceable.
You may not agree with the proposed settlement with the landlord. You
have the right to demand to have a hearing and have your case heard
by the judge. Tell your story at the hearing. Show the judge your
photographs, written record of complaints, letters, and other evidence.
Ask the judge to examine the DHPD inspection report.
A history of your building's past violations should be stored in the
computer the judge has in his/her courtroom. If you have requested an
inspection on the day you filed your papers, that report should be
available. Your goal is to get the Judge to issue a court order for the
repairs. If the landlord does not show up in court the court can still
order that the repairs be made.
If the judge issues an Order, make sure you get the index number of
your case before you leave. The original Order will be on file but it may
not be possible to get a copy that day. However, you can contact the
court or the DHPD attorney and ask for a copy when it is ready.
Knowing the index number is important, especially if the landlord does
not make the repairs on time and you need to return to Court. You
may also have to prove that you delivered a copy of the Order to the
landlord in the proper manner. This is when Coleman Process Service,
Inc., will assist you in making sure that your documents were delivered
on time, in a professional manor.
IMPORTANT: Your Order or Stipulation should include a schedule of
what repairs are needed and when they should be done. It is a good
idea to add a list of dates and times that you will be available to allow
the landlord access to your apartment to make the repairs. This may
help to avoid problems later if the landlord claims you were not home
when s/he sent repair people to do me work.
Follow-Up After Court
If the landlord begins to make repairs, keep track of when they are
completed and of what work remains to be done. Be sure someone is
in your apartment on the dates that have been agreed upon to let the
landlord in. If the landlord asks you to provide access to your
apartment for repairs and then does not show up, keep a record of
these dates and any attempts you may make to reschedule.
If the landlord does not complete the repairs within the amount of time
indicated in the Order, you will need to go back to court. Ask the clerk
to put your case back on the calendar for the purpose of holding the
landlord in contempt of court and for civil and criminal fines. This
means the landlord can be fined or jailed.
IMPORTANT: Contempt cases are complicated and time consuming.
Be prepared for a tough fight! Landlords are rarely put In jail and if
they are fined, the fines are often small. Several things may help
strengthen your case: a) keep good records; b) stay in close touch
with me DHPD lawyer and the DHPD Inspectors; and c) organize other
tenants in the building to take action as a group.
IMPORTANT: You should always seek advice as soon as you receive
legal papers. Never ignore papers from the court. If you do you may be
evicted. Consult a lawyer or a neighborhood housing organization as
soon as possible.
Important Addresses:
The Housing Parts of the Civil Court are located:
Manhattan
111 Centre Street
New York, NY 10013
(212)374-8416/8412
Brooklyn
141 Livingston Street
Brooklyn, NY 11201
(718)643-7528/7529
Staten Island
927 Castleton Avenue
Staten Island, NY 10310
(718)390-5420
Bronx
851 Grand Concourse (at 161st St.)
Bronx, NY 10451
(718)590-3570/1/2/3
Queens
120-55 Queens Boulevard
Kew Gardens, NY 11424
(718)520-3436/34l4
If you have a low income, you may be eligible for free legal services.
To get the addresses of the legal services office closest to your
neighborhood, contact:
The Legal Aid Society
11 Park Place or 230 East 106 St.
New York, NY
(212)722-2000
Legal Services for New York City
350 Broadway
New York, 10029
(212)431-7200
If you need a referral for a lawyer and you are not eligible for free legal
services, contact:
The Bar Association
42 West 44 Street
New York, NY 10010
(212)626-7373
The Civil Court Info line has recorded information on Housing Court.
The number is (212)791-6000.
If you are being evicted for nonpayment of rent, you may be eligible for
an Emergency Grant from the Human Resources Administration (HRA),
There is an HRA Unit in each Housing Court.
Each Housing Court, except Staten Island, has a Pro-Se Attorney who
is there to help persons without an attorney who need advice and
Information. The Clerk's office can direct you to the Pro-Se Attorney in
the Court.
How to sue your Landlord for repairs is a guide for you to use if you
are unable to hire a lawyer. This not legal advice, but a guide for you
to use to represent yourself against your Landlord.
A Landlord is required by law to provide their Tenants with adequate
services and to keep your building and apartment in good repair. If
your Landlord is not providing basic services such as heat and hot
water,you may sue your landlord for repairs.
If your apartment is in need of repairs, you have notified your Landlord
in writing of the conditions of your apartment,and repairs have not
been made, you can sue your landlord for repairs in the Housing Part
of Civil Court.
The Court can order your landlord to provide services and make
repairs. This action is called a Tenant-initiated action' or a Housing
Part ("HP") Action.
How To File A Suit
Coleman Process Service, Inc, can assist you in filing a suit against
your Landlord by serving the proper documents for you to start action.
To start action against your Landlord you must first go to the Clerk's
office of the Housing Court in the borough which your building is
located. Tell the clerk that you want to bring an HP action against your
landlord. T
The fee for bringing action against your Landlord is $35. This fee may
be waived if you cannot afford to pay. If you have a low income you
should tell the clerk that you want to file a "poor person's" application
and fill out the additional papers stating your financial situation.
Ask the clerk to schedule an inspection of your apartment and/or
building by the court inspectors from the Department of Housing
Preservation and Development (DHPD). Each tenant will be asked to
fill out a form called a "Request for an Inspection" listing the poor
conditions, as well as a separate form. Make sure that everything that
needs repair in your apartment or building is listed.
These documents are called an Order To Show Cause. You must get
them signed by a judge to proceed with your suit and receive a date to
appear in court. Our agents are familiar with Court Clerks and Judges
and can help speed up this process for you. We recommend that you
seek legal counsel before going to court.
Serving The Court Papers
You will need a Professional Process Server to serve your
documents to your Landlord or their representative. You must deliver
one copy to city's Department of Housing Preservation and
Development (DHPD).
Preparing For Court
You should gather all evidence to show that services have not been
provided or repairs have not been made. Take photographs of
conditions in your apartment or building and gather copies of letters
you have written notifying the landlord of problems.
It is a good idea to keep a written record of building and/or apartment
problems noting any steps you may have taken, such as phone calls to
the landlord or conversations with the superintendent, to have the
problems corrected . Write down dates and times.
If a group of tenants in your building has initiated the HP Action it is
important to meet before the court date to agree on a plan of action
and to go over evidence. You may want to choose which tenants will
testify. You should also seek legal counsel before going to court.
Your Day In Court
Come to Court on the date written on the Order to Show Cause.
Bring your photographs, written record of complaints, letters, and court
papers with you.
There may be an attorney from the DHPD's Litigation Unit. The DHPD
attorney is there to represent the City. It is the City's legal
responsibility to make sure that the repairs in your building and/or
apartment are made.
The DHPD attorney assigned to your case will call out your name,
address and ask to speak with you. Tell the DHPD attorney about the
conditions in your apartment/building and show him/her your evidence.
The DHPD attorney should help you get a copy of the inspector's
report based on the inspection you requested when you filed your HP
Action.
IMPORTANT: Make sure you get the name and telephone number of
the DHPD attorney before you leave the court. You will need this
information to follow-up with the DHPD attorney, especially if the
landlord does not make the repairs.
The court may try to mediate a settlement between you and your
landlord. The landlord may agree to make repairs but may argue that
more time is needed. If you want to accept the landlord's settlement a
"stipulation" will be written that outlines the agreement between you
and the landlord. Make sure that any stipulation is signed and stamped
"So Ordered" by the judge. This is the only way that the agreement is
enforceable.
You may not agree with the proposed settlement with the landlord. You
have the right to demand to have a hearing and have your case heard
by the judge. Tell your story at the hearing. Show the judge your
photographs, written record of complaints, letters, and other evidence.
Ask the judge to examine the DHPD inspection report.
A history of your building's past violations should be stored in the
computer the judge has in his/her courtroom. If you have requested an
inspection on the day you filed your papers, that report should be
available. Your goal is to get the Judge to issue a court order for the
repairs. If the landlord does not show up in court the court can still
order that the repairs be made.
If the judge issues an Order, make sure you get the index number of
your case before you leave. The original Order will be on file but it may
not be possible to get a copy that day. However, you can contact the
court or the DHPD attorney and ask for a copy when it is ready.
Knowing the index number is important, especially if the landlord does
not make the repairs on time and you need to return to Court. You
may also have to prove that you delivered a copy of the Order to the
landlord in the proper manner. This is when Coleman Process Service,
Inc., will assist you in making sure that your documents were delivered
on time, in a professional manor.
IMPORTANT: Your Order or Stipulation should include a schedule of
what repairs are needed and when they should be done. It is a good
idea to add a list of dates and times that you will be available to allow
the landlord access to your apartment to make the repairs. This may
help to avoid problems later if the landlord claims you were not home
when s/he sent repair people to do me work.
Follow-Up After Court
If the landlord begins to make repairs, keep track of when they are
completed and of what work remains to be done. Be sure someone is
in your apartment on the dates that have been agreed upon to let the
landlord in. If the landlord asks you to provide access to your
apartment for repairs and then does not show up, keep a record of
these dates and any attempts you may make to reschedule.
If the landlord does not complete the repairs within the amount of time
indicated in the Order, you will need to go back to court. Ask the clerk
to put your case back on the calendar for the purpose of holding the
landlord in contempt of court and for civil and criminal fines. This
means the landlord can be fined or jailed.
IMPORTANT: Contempt cases are complicated and time consuming.
Be prepared for a tough fight! Landlords are rarely put In jail and if
they are fined, the fines are often small. Several things may help
strengthen your case: a) keep good records; b) stay in close touch
with me DHPD lawyer and the DHPD Inspectors; and c) organize other
tenants in the building to take action as a group.
IMPORTANT: You should always seek advice as soon as you receive
legal papers. Never ignore papers from the court. If you do you may be
evicted. Consult a lawyer or a neighborhood housing organization as
soon as possible.
Important Addresses:
The Housing Parts of the Civil Court are located:
Manhattan
111 Centre Street
New York, NY 10013
(212)374-8416/8412
Brooklyn
141 Livingston Street
Brooklyn, NY 11201
(718)643-7528/7529
Staten Island
927 Castleton Avenue
Staten Island, NY 10310
(718)390-5420
Bronx
851 Grand Concourse (at 161st St.)
Bronx, NY 10451
(718)590-3570/1/2/3
Queens
120-55 Queens Boulevard
Kew Gardens, NY 11424
(718)520-3436/34l4
If you have a low income, you may be eligible for free legal services.
To get the addresses of the legal services office closest to your
neighborhood, contact:
The Legal Aid Society
11 Park Place or 230 East 106 St.
New York, NY
(212)722-2000
Legal Services for New York City
350 Broadway
New York, 10029
(212)431-7200
If you need a referral for a lawyer and you are not eligible for free legal
services, contact:
The Bar Association
42 West 44 Street
New York, NY 10010
(212)626-7373
The Civil Court Info line has recorded information on Housing Court.
The number is (212)791-6000.
If you are being evicted for nonpayment of rent, you may be eligible for
an Emergency Grant from the Human Resources Administration (HRA),
There is an HRA Unit in each Housing Court.
Each Housing Court, except Staten Island, has a Pro-Se Attorney who
is there to help persons without an attorney who need advice and
Information. The Clerk's office can direct you to the Pro-Se Attorney in
the Court.
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