Housing Remedies

Tenant Remedies

Article 7-A Proceeding

Rent Strike

"HP" Proceeding

Initiating an HP Proceeding

Complain to DCE

DCE Issues a NOV

Condition fixed in 30 days

Condition not fixed after 30

File HP Proceeding

DCE Does not Issue a NOV

File an HP Proceeding

Procedure

What is the Remedy?

"Order to Correct"

When Can I Use This Remedy?

Technical Information

Governing Statutes

NYCCA

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New York City Civil Court Act

HMC

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Housing Maintenance Code

MDL

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Multiple Dwelling Law

Jurisdiction over HP Proceedings

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In NYC, the Housing Court has jurisdiction over HP PRoceedings. HP Proceedings are only availabe in NYC. See WEST 16-90.

Standing to Bring HP Proceedings

Who can bring?

Evacuated tenants

Licenees of Owner

Who may not bring?

Evicted Tenants

Squatters

Tenant Rights

Warranty of Habitability

Technical Details

N.Y. Real Prop. Law s. 235-b

Scope

Covered by Warranty

Residential Tenants & Lesees

Cooperative Shareholders

Government-subsidized Housing

Federally Subsidized Housing

State/City M-L Coops

City-Owned Housing

Loft Tenants

Section 8 tenants

Not Covered

Holdovers

Tenants' Licensees

Tenants out-of-possesion

Conditions Constituting a Breach

Air Conditioning

Presence of Asbestos

Decrease in elevator service