Information for Tenants and Landlords
If you need emergency repairs due to conditions in your home which threaten life, health or safety, you may come to court and start a case against your landlord to obtain repairs. This case is called a HP proceeding. If the judge believes the condition is an emergency, you will get a hearing date within approximately one week of your request. After the hearing, the Judge will issue an order to correct directing the landlord to make repairs.
Tenants with emergency conditions, such as no heat, can also call 311 for emergency assistance, 24 hours a day, 7 days a week. For hearing impaired, call ITY 212-863-5504. You may also see NYC Housing Preservation and Development: Report a Complaint for more information.
To learn how to start a case against your landlord to obtain emergency repairs, see Starting a HP Proceeding. Be sure to tell the Housing Part clerk that it is urgent that the conditions be repaired.
You may not begin a proceeding in Housing Court either by ex parte application or by Order to Show Cause solely to obtain access to a tenant’s apartment for the purpose of correcting a violation or making a repair, even if the violation or repair is an emergency.
If you are a landlord or owner and emergency repairs are urgently needed to prevent damage to the property or to prevent injury to persons, then you have a right to enter the apartment without advance notice to the tenant. For example, you would have the right to enter the apartment if there was smoke, water or gas coming out of the tenant’s apartment.
In non-emergency situations, you have a right to enter the property to make necessary repairs at reasonable hours with reasonable notice. A tenant is required to give you reasonable access to perform repairs, make improvements, or for the purpose of an inspection. A tenant’s refusal to let you in can be grounds to bring an eviction proceeding. To learn how to start a holdover case by serving a notice of petition and petition, go to Starting a Holdover Case.