NYCHA 6.28.23 - Petition Sample for NYCHA - Correction of Dangerous Housing Violations

Sep 1, 2026

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A tenant filing a Housing Part petition against the New York City Housing Authority (NYCHA) and related respondents requests court-ordered correction of life-, health-, and safety-threatening conditions at a Class B multiple dwelling. The petition invokes NYC Administrative Code, NYC Civil Court Act, and RPAPL provisions, relying on the Housing Maintenance Code regulatory framework. It outlines parties, enforcement duties, civil-penalty triggers for noncompliance, and available landlord defenses while defining harassment under the HMC.

LanguageEnglish

CategoryLetters

FormatDOCX

Pages13

Reading Time5 min

AccessFree to download

Parties

Petitioner and Respondents

Regulatory Scheme

Tenant right to petition and inspection orders

Duties to correct violations and civil penalties

Harassment definition under HMC

Factual Allegations: Repairs

The undersigned Petitioner, by her attorneys, [firm], respectfully allege the following: Petitioner is the lawful occupant of the Class B multiple dwelling building located at [premises], (“the Premises”). Petitioner has instituted this proceeding pursuant to the New York City Administrative Code (“NYC Admin. Code”) §§ 27-2005, 27-2115(h), 27-2115(i) and 27-2121; New York City Civil Court Act (“NYC CCA”) §§ 110(a)(4), 110(a)(7), 110(d), and 209(b)(2); and New York State Real Property Actions and Proceedings Law (“RPAPL”) § 211. Petitioner seeks the correction of any and all violations and other conditions that are dangerous to life, health and safety existing at the Premises, including but not limited to, violations of the New York State Multiple Dwelling Law (“MDL”), the New York City Housing Maintenance Code (“HMC”), and Building Code. PARTIES Petitioner [tenant] is the tenant residing in [Apt.#] of the [premises] and has lived there for [length of tenancy]. The Respondent, The New York City Housing Authority ("NYCHA") is a body corporate and politic established by the New York State Legislature, as set forth in Section 401 of the N.Y. Public Housing Law. It is responsible for the administration, operation and maintenance of public housing projects within the City of New York. It maintains its principal place of business at 250 Broadway, New York, New York. The Respondents listed in Paragraphs 5-6 shall hereinafter be collectively referred to as the “Respondents-Landlords.” Co-Respondent THE NEW YORK CITY DEPARTMENT OF HOUSING PRESERVATION AND DEVELOPMENT (“HPD”) is the city agency charged with, among other things, enforcement of the HMC and is located at 100 Gold Street, New York, New York, 10038. Co-Respondent HPD is a proper party to this proceeding pursuant to New York City Civil Court Act § 110(d). REGULATORY SCHEME Under the New York City Housing Maintenance Code, a tenant may petition the Court to order HPD to inspect and issue violations against a landlord-owner for conditions in violation of the Housing Maintenance Code. The HMC is found in Chapter 2 of Title 27 of the NYC Admin. Code. A tenant may bring a Housing Part action seeking an order directing the landlord-owner to correct all violations found by the Court. NYC Admin. Code § 27-2115(h). Respondents-Landlord(s) are obligated to keep the premises in good repair and to correct all violations of law. Upon the landlord-owner’s failure to correct the violations in the time required under the Housing Maintenance Code, the landlord-owner shall be subject to civil penalties. Id. at § 27-2115(a). If violations are found to exist at the subject premises, the landlord-owner must correct the condition. The only defenses available to mitigate civil penalties are for the landlord-owner to prove: (1) that the violation was timely corrected and a notice of compliance was filed with HPD; (2) that the violation did not exist at the time the notice of violation was served; or, (3) that work to correct the violation was initiated timely but completion of the work was delayed by difficulties such as in obtaining the proper permit or license, or necessary funds, labor, or materials. Id. at § 27-2116(b). With regards to the definition of harassment in the HMC as it pertains to the instant matter, § 27-2004(a)(48) defines harassment as: [A]ny act or omission by or on behalf of an owner that (i) causes or is intended to cause any person lawfully entitled to occupancy of a dwelling unit to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy, and (ii) includes…the following acts or omissions, provided that there shall be a rebuttable presumption that such acts or omissions were intended to cause such person to vacate such dwelling unit or to surrender or waive any rights in relation to such occupancy[.][Such acts or omissions include] […] b). repeated interruptions or discontinuances of essential services, or an interruption or discontinu

FAQs

Who are the parties in this NYCHA petition?

The petitioner is the tenant residing in the subject apartment, and the respondent is NYCHA. A co-respondent includes the New York City Department of Housing Preservation and Development (HPD).

What legal basis does the tenant use to file the petition?

The petition cites provisions from the New York City Administrative Code, the NYC Civil Court Act, and New York State RPAPL, tied to the Housing Maintenance Code framework and enforcement mechanisms.

What does the tenant ask the court to order regarding violations?

The tenant seeks correction of dangerous violations and other harmful conditions at the premises, including violations under the Multiple Dwelling Law, Housing Maintenance Code, and building code.

Sep 1, 2026

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