How to ask the Court to order your landlord to make repairs.

You've been asking your super and landlord to make repairs with no luck.   You've sent your landlord at least 1 letter with no response.   You've complained to the proper authority but still your landlord won't make the reapirs.   You're only option left is to bring your landlord to Housing Court to force him/her to make the repairs.   Don't worry, it's not as difficult as it seems!   Just follow these steps:

Gather your proof at home before you go to the Court.

To make the process easy when you get to Court, make sure you have everything you need before you leave your house.   This includes:

Go to the Clerk at the Housing Court.

Once you have all of your documents ready, got to the Housing Part Clerk at Window 7, in the lobby of 1118 Grand Concourse, Bronx, N.Y. 10456.   If you have any questions before going, you can call them at (718) 466-3014.

Filling out the Court papers.

Explain to the Clerk at Window 7 that you want to file a "petition" for repairs.   If the repairs are an emergency, make sure you tell the clerk.   For emergency repairs the clerk can schedule a hearing in as little as 1 week.

The Clerk will give you 3 papers to fill out, including: All of the information you will need to fill out the papers will be in the documents you got ready at home.   If you have any difficulty filling out the forms the clerks or volunteer lawyers will help you to fill them out.

Return the completed paper to the Clerk at Window 7.

When you bring the completed papers back to the clerk at Window 7 he/she will notarize your Petition and direct you to the Cashier at Window 8 to pay the Index Fee of $45.00. The fee can only be paid with cash, certified or bank check or money order. They will not accept a personal check.

Let the Clerk know if you can not afford to pay the $45.00 and ask for a motion for permission to proceed as a poor person.   If that motion is granted, you will not be required to pay for the Index Number or most other Court fees.

After you have paid for the Index Number the clerk will submit your papers to the Judge for his or her signature.   You must wait to get the signed Order to Show Cause that day.   The clerk may tell you to come back the next day to get the signed Order.

Serve the Order to Show Cause and Verified Petition.

In the Order to Show Cause, the Judge will say how the papers must be served on your landlord.   Normally they have to be handed to your landlord and/or managing agent in person.   Check the Order to Show Cause to see if it specifically says that you can serve the papers by Certified Mail, Return Receipt Requested instead of by handing it to the landlord.

A second copy of the Order to Show Cause and Verified Petition must be served by Certified Mail, Return Receipt Requested to:

Department of Housing Preservation and Development
Housing Litigation Bureau
100 Gold Street
New York, NY 10038

Complete your Affidavits of Service.

You must fill out an Affidavit of Service for each person or entity (landlord, agent, DHPD) you serve.   You can get the proper form from the Housing Court's forms Website.   If you have served by Certified Mail, Return Receipt Requested, make sure that the Affidavits state that the mail was certified and that you requested a return receipt and attach copies of both the certified mail form and the Return Receipt (Green card).   You can file the Affidavits of Service anytime before the hearing date or bring them with you to the hearing.   They will need to be notarized.

Go to Court on the date of your hearing.

Make sure you show up early for your Court hearing. Bring the original Affidavits of Service if you haven't already filed them with the Court. Bring a copy of your Order to Show Cause and Petition as well as any proof you have, such as photographs and videos.