Housing Litigation Division
Attorneys in the Housing Litigation
Division within HPD's Office of Enforcement and Neighborhood Services bring
cases to enforce compliance with the housing quality standards contained in the
New York State Multiple Dwelling Law and the New York City Housing Maintenance
Code.
Heat and Hot Water Cases: HLD seeks orders directing that heat
and/or hot water be provided and maintained. Fines may also be assessed and,
if the owner is particularly recalcitrant, contempt sanctions including
incarceration may be imposed. HPD also offers landlords with first-time heat
and hot water violations the opportunity to attend classroom training in lieu
of paying a fine.
Comprehensive Cases: HLD seeks the correction of all outstanding
violations in a building and/or civil penalties for owners' failure to timely
certify correction of violations; for false certification of correction of
violations; and/or for failure to file a Multiple Dwelling
Registration.
Lead Unit Cases: HLD seeks access warrants based upon violations
issued pursuant to Local Law 1 of 2004 by the Department of Health and Mental
Hygiene or HPD, where owners have denied access to HPD inspectors to inspect
for the presence of lead paint in buildings or to contractors and crews sent
by HPD's Emergency Service Bureau to correct overdue lead paint hazard
violations. In addition, HLD commences false certification cases, where the
owners have falsely certified correction of lead paint violations.
7A Cases: HLD initiates 7A cases seeking the appointment of an
administrator to manage a building pursuant to Article 7A of the Real Property
Actions and Proceedings Law, which provides that management control of a
building may be removed from an owner if a building's condition constitutes a
danger to life, health and safety.
Certification of No Harassment: Under local law, the owner of a
single room occupancy multiple dwelling must obtain a "Certification of No
Harassment" from HPD before applying to DOB for a permit to demolish or
reconfigure the building. This process is intended to ensure that the owner
did not further its proposed demolition or construction project by harassing
tenants into leaving. HLD investigates to determine whether harassment
occurred during the statutory review period. If HPD determines that there is
reasonable cause to believe that harassment occurred, HLD presents the City's
case to the Office of Administrative Trials and Hearings (OATH). A finding of
harassment prevents the owner from obtaining a demolition or alteration permit
for three years. HPD also performs this function for the Special Clinton Zoning
District, which is subject to a similar provision (though not limited to
SROs) under the Zoning Resolution.
Judgment Enforcement: HLD collects money judgments from owners. In
many cases, collection entails locating responsible individuals/companies and
taking various steps, such as seizure of accounts and property, to enforce
money judgments.
HLD PHONE NUMBER: (212) 863-8200
Tenants Initiate Cases in Housing Court
A tenant can bring a case against a building owner in Housing Court to get an
order to correct the conditions. This case is called an HP Action. HP actions
are lawsuits brought by tenants or groups of tenants against building owners to
force them to make repairs and provide essential services, like heat and hot
water. A building owner's failure to make a repair or provide an important
service may be a violation of the New York City Housing Maintenance Code or the
New York State Multiple Dwelling Law. In an HP action, a judge can order the
building owner to correct the violations. If you want to start an HP proceeding
against your building owner, go to the Clerk's Office at the Housing Court. You
do not need a lawyer to start an HP case. For more information about HP actions,
visit the website of the New
York State Unified Court System.