HPD Litigation
The HPD can initiate litigation to seek corrections, civil penalties, access warrants, and more.
It's important to note:
- Tenants can also initiate litigation in some cases.
- Specific information about individual HPD Litigation cases is not publicly available due to the personal nature of housing court
- For information about a specific HPD Litigation case, contact the Housing Litigation Division at (212) 863-8200 or the Information Hotline: at 212-962-4795.
Litigation Types
Tenant Action | Cases commenced by one or more residential tenants against their landlords (and naming HPD as a party) seeking an order to correct |
Comprehensive | Cases in which HPD seeks the correction of all outstanding violations in a building and/or civil penalties for owners’ failure to timely certify correction of violations and/or for failure to file a Multiple Dwelling Registration. |
Comprehensive Supplemental | Cases in which HPD seeks a finding of contempt and/or additional civil penalties against landlords who have failed to comply with orders to correct violations. |
Heat and Hot Water | Cases in which HPD seeks an order to restore and maintain heat and hot water at a residential building and civil penalties. |
Heat and Hot Water Supplemental | Cases in which HPD seeks a finding of contempt and/or additional civil penalties against landlords who have failed to comply with orders to provide heat and/or hot water. |
False Certifications | Cases in which HPD seeks civil penalties against landlords who have falsely certified to HPD that violations were corrected when they had not been. |
Access Warrant | HPD commences cases seeking access warrants when HPD inspectors and/or contractors and crews sent by HPD have been denied access to inspect and/or to repair conditions in a residential building. |
7A Proceedings | Cases in which HPD seeks the appointment of an administrator for a building based on conditions or acts dangerous to life, health or safety, harassment and/or deprivation of services |
CONH | Before applying to the Department of Buildings for a permit to demolish or reconfigure some buildings, including single room occupancy multiple dwellings and some multiple dwellings in several zoning districts, the owner must obtain a Certification of No Harassment (“CONH”) from HPD. The owner submits an application and HPD investigates and determines whether to issue a CONH. If HPD determines that there is reasonable cause to believe that harassment occurred, a hearing is held before the Office of Administrative Trials and Heading (“OATH”). After OATH issues its findings and recommendations, HPD determines whether to issue a CONH. A finding of harassment prevents the owner from obtaining certain types of demolition and alteration permits for three years in the case of single room occupancy multiple dwelling, or possibly permanently in properties located in certain Special Zoning Districts (unless the owner complies with an affordable housing requirement). |
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