How To Sue Your Landlord in the Bronx
Mayor Mamdani’s press conference in the Bronx announcing “Rental Ripoff” hearings drew attention to the unsafe living conditions many tenants face. Here is a guide for how to take your landlord to court if you needs repairs in your apartment.
Newly elected Mayor Zohran Mamdani chose the birthplace of Hip-Hop in the Bronx to announce new measures aimed at holding landlords accountable for providing unsafe living conditions for their tenants. At a press conference Sunday at 1520 Sedgewick Avenue — where DJ Cool Herc held Hip-Hop’s first party — the Mayor outlined plans for a series of “Rental Ripoff” hearings that will take place in all five boroughs within the first 100 days of his mayoralty. These hearings are designed to give tenants a high-profile platform to share complaints about landlords, including issues such as hidden fees, repair neglect, discrimination, retaliation and unsafe living conditions.
The Mayor’s choice of the Bronx for the announcement is fitting. The borough has experienced a series of fires this year — highlighting the sometimes deadly consequences of landlord neglect. If your landlord is failing to make repairs in your apartment, don’t wait to act. Letting the situation get worse could lead to tragedy. Here are the steps to take to sue your landlord in the Bronx if you need repairs in your apartment.
Step 1: Document Conditions in Your Apartment.
The first thing you need to do before you sue your landlord in Bronx Housing Court is to document conditions in your apartment that need to be fixed. Consider making a list of all the conditions and taking photographs. You can also send a letter to the landlord detailing what needs to be fixed. The website JustFix.nyc can help you mail the letter certified.
However, the best way to document conditions in your apartment is to make a complaint with the New York City Department of Housing Preservation and Development (HPD). HPD the agency responsible for enforcing the City Housing Maintenance Code, which regulates standard of living issues in apartments. These are things like water and air temperature, mold, leaks, damage to the walls and ceilings, and vermin infestations. You can file a complaint by calling 311 or filing a complaint online. HPD will send an inspector to your apartment to verify the conditions exist and then will issue a violation requiring the landlord to make repairs. HPD Violations are an important step before taking the landlord to court. The violations document that the conditions in your apartment exist and demonstrate that the landlord is aware of them.
Step 2: Filing Papers to Start Court Case
If your landlord fails to make repairs, you can sue the landlord in Bronx Housing Court. You can bring a case against your landlord even if you don’t have a lawyer. Go to the court’s Help Center and ask for assistance filing an HP Action. If you can’t afford the $45 filing fee, you can ask for the waiver request forms. When you fill out all the forms, the court will give you a date to return to court and instructions for how to mail the court papers to your landlord. Mail the copies to the landlord exactly as instructed by court staff, or the judge will throw out your case.
Here is the address for Bronx Housing Court’s Help Center:
Bronx County Housing Court
1118 Grand Concourse, Room 250
Bronx, NY 10456
Step 3: Going to Court
When you go to court, ask the judge to issue an “order to correct.” This will give the landlord a deadline to fix any violations issued by HPD. If the landlord does not make the repairs within the time frame ordered by the judge, you can return to the help center and file an “order to show cause” to bring the case back to court. The judge may order to landlord to pay fines and impose additional penalties for failing to make repairs.
Seeking Legal Assistance
Although a lawyer is not required to bring an HP Action, it can help. Below is a list of nonprofit legal assistance providers who may be able to assist you.
Housing Court Answers: 212-962-4795
Bronx Legal Services: 917-661-4500
The Legal Aid Society: 718-991-4600
New York Legal Assistance Group (NYLAG): 929-356-9582
BronxWorks: 646-393-4000
Part of the Solution (POTS): 718-220-4892 ext:101
Mobilization for Justice: 212-417-3700
Urban Justice Center – Safety Net Project: 646-602-5600
TakeRoot Justice: 212-810-6744
This article is meant to be a resource for tenants who need to report unsafe conditions in their apartment. It is not legal advice.
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