What You'll Learn From This Post
- The full escalation path when your NYC landlord ignores repairs, from written complaint through court-ordered penalties
- How to file an HP Action in Housing Court without a lawyer, including the $45 fee (or waiver) and what actually happens
- What HPD violation classes mean and why the difference between B and C can change your timeline from 30 days to 24 hours
- When the city will step in and fix it themselves, bill your landlord, or take over the building
I can always tell when someone's figured out there's a Level 3.
I'm at 141 Livingston (Brooklyn Housing Court) waiting for my case to get called. The judge is stuck on the BQE, which means I've been doom scrolling Instagram reels for twenty minutes and I'm three videos deep into someone's sourdough starter journey. There's a woman at the clerk's office counter, Hollow Knight t-shirt, tote bag covered in game stickers, staring at an HP Action form like she's trying to decipher the Rosetta Stone. She's got a folder: stack of printed papers, photos of something, that specific combination of organization and desperation.
She keeps tapping the pen against the counter like she's trying to decide if this is worth it.
I know that look. Most people rage-quit at Level 2.
"You filing an HP Action?"
She looks up. "I think? I don't know. My landlord won't fix the heat."
"How long?"
"Since January. It's April."
I put my phone away. "Yeah, you're filing an HP Action."
Her name's Jade. No heat since January. Landlord owns a six-unit building in Bed-Stuy. She'd done everything right: written letter, certified mail, kept the receipt. Called 311 twice. Inspector came both times, issued Class C violations (immediately hazardous, 24 hours to fix). Landlord did nothing. Jade bought three space heaters and waited for someone to care.
That's Level 2. I look at Jade's shirt, the little knight with the nail sword, and figure if she already speaks video game, I might as well explain Housing Court in her language.
đŽ Tutorial: Put It in Writing
Jade's got a filing cabinet's worth of certified mail receipts, photos with timestamps, and a log of every call she made. She jokingly called herself a hoarder when she showed me, and I didn't want to tell her she might actually be one, but she's got the high score on this tutorial.
Before anything else works, you need a paper trail. Write your landlord a letter: which room, what's wrong, when it started. Send it certified mail. Keep the receipt. JustFix.nyc generates and sends the letter for you for free.
Take dated photos and videos. Log every call, every text, every silence.
If your building replaced the super with a chatbot that charges you to submit requests, that's a separate scam. My junk fees guide covers it.
Most tenants think the letter is the whole game. It's the tutorial. Your landlord ignores it. That's the point.
đ Level 1: Call 311
Report conditions to 311 by phone, online, or app. That triggers an HPD inspection. Be home or you'll get rescheduled.
Check HPD Online first for existing violations on your building.
Inspectors issue violations by class:
Class A: Non-hazardous. 90 days. Chipped paint, minor plaster cracks.
Class B: Hazardous. 30 days. Leaking ceiling, roach infestation, broken window lock, mold in the bathroom.
Class C: Immediately hazardous. 24 hours. No heat in winter, no hot water, lead paint with a child under six.
Jade hit up 311 on all 3 conditions. Inspector came both times, issued Class C violations both times. Landlord corrected nothing. That's 100% completion on Level 1.
HPD issued nearly 900,000 violations in fiscal year 2024. Most people beat Level 1. Achievement unlocked. And then nothing happens.
đšī¸ Level 2: The Waiting Game (Where Most People Rage-Quit)
Your landlord has 24 hours. Or 30 days. Or 90 days. The violation is on the books. And your landlord does nothing.
This is Level 2. No boss fight. Just waiting. Most tenants assume the game is over. They move out or they live with it.
Jade lived with it for three months. Three months of space heaters in a building where the boiler worked fine. He just didn't give a damn.
âī¸ Level 3: Housing Court (The Boss Fight)
Jade doesn't know she's about to beat the game. She thinks she's losing. So I told her how the boss fight works.
If your landlord hasn't fixed conditions after HPD documented them, file an HP Action in Housing Court. A judge orders repairs with deadlines. Brooklyn? My Kings County Housing Court guide covers the building.
Landlord's legal name and mailing address. Not a PO box. Find it on HPD Online or ACRIS.
A list of every condition in every room. Leave something off and you can't add it later without starting over.
$45 filing fee. Can't afford it? Fee waiver form. Ask the clerk.
JustFix.nyc helps you file electronically for free. Housing Court Answers has info tables in every courthouse. Legal Aid NYC has a detailed guide.
After filing, the clerk schedules an HPD inspection date and sets a return date about 10 days after that. You serve papers on your landlord and HPD. Judge orders repairs.
And yes, I realize I'm explaining Housing Court like it's Elden Ring to a woman in a Hollow Knight shirt, but it works, so I'm committed to this now. Next month I'll be explaining lease renewals as season passes and DHCR complaints as side quests. My mother will call to ask why her lawyer son is posting about video games. I'll tell her the metaphor got more engagement than my last three blog posts. She'll say she doesn't know what engagement means. This is a lie. She gets more engagement on her Facebook posts about the cat than I get on anything, and she knows it.
đ¯ Secret Final Boss: When Your Landlord Ignores the Court Order
Most games end when you beat the boss. Housing Court doesn't.
Landlord ignores the court order? You don't start over. File an Order to Show Cause. The judge can impose daily civil penalties that scale by violation class: up to $125/day for Class B, up to $1,200/day for Class C in larger buildings, and $350-$1,250/day for heat and hot water violations specifically. Plus contempt if willful. That's a court order with a damage-over-time effect. Every day the meter runs.
Jade's got two open Class C heat violations. The meter starts at $700 a day after a court order. Most landlords do the math before it gets here.
đ§ The Other Tools in Your Inventory
Rent-stabilized? File a Decrease in Services complaint with DHCR. They order a rent reduction that lasts until the problem is fixed. Not a one-time penalty. A monthly hit for as long as your landlord delays. More on stabilization in my guide.
HPD's Alternative Enforcement Program targets the worst buildings. 250 on the 2026 list. HPD hires contractors, does the repairs, bills the landlord. In extreme cases, a 7A Administrator takes over the building entirely.
If the neglect is strategic, that's harassment. A&E Real Estate paid $2.1 million in January 2026 covering 14 buildings. Worse conditions in stabilized units than market-rate? Building deteriorated after a new owner? That pattern matters. Good Cause tenants have an even stronger defense.
đ Achievement Unlocked
Jade asked me to stick around while she filled out the form in case she needed help. Landlord's legal name from ACRIS. Every room, every condition. Two Class C violations from HPD, both issued in January, neither corrected. Three months of space heaters in a building with a working boiler. $45 filing fee. She pays it.
She files. The clerk gives her a court date.
"That's it?"
"That's it. Show up on that date. Bring your folder. The judge will order repairs."
"And if he doesn't fix it?"
"Then we start the meter. $700 a day at the floor. Two violations. You do the math."
She laughs. First time since she walked in.
My case gets called. I head into the courtroom. On my way in, I see Jade sitting on the bench outside, reading through her copies, that folder on her lap. She doesn't look like someone who rage-quit anymore.
Most tenants stop at Level 2 and wonder why nothing changes. The HP Action is where the power shifts.
Look, this worked out for Jade because she's 63, she's retired, and she doesn't have to take time off work to stand in line at 141 Livingston figuring out forms. And it worked out for me because the judge was stuck on the BQE and I was bored of sourdough videos. That's not a system. Most people can't just run into a lawyer in a hallway. So if you've been through 311 and your landlord still won't fix it, visit my intake page and fill out the landlord tenant questionnaire and email your lease and photos to me. I'll get back to you in 48 hours (not including weekends, cuz c'mon). Contempt motions, rent abatements, harassment claims. All on the table.
FAQ
Q: Do I need a lawyer to file an HP Action?
No. $45 fee (waivable). JustFix.nyc helps with the forms for free and Housing Court Answers has info tables in every courthouse. If your landlord ignores court orders, that's when a lawyer adds the most value.
Q: Can my landlord evict me for filing an HP Action?
Retaliatory eviction is illegal under Real Property Law 223-b. File a complaint, HP Action, or join a tenant organization, and the law presumes retaliation if your landlord tries to evict you within one year. Document the timeline.
Q: What's the difference between 311 and an HP Action?
311 gets HPD to inspect and document. HP Action takes it to court with deadlines and daily penalties if the landlord ignores the order.
This is general legal information, not legal advice for your specific situation. Every apartment is different. If you're facing a repair dispute, consult with an attorney who can review your actual circumstances.
