Filing a Petition for Repairs

If you are a renter in New York, you can take your landlord to court to ask for them to repair (fix) unsafe living conditions in your home. The court can also reduce your rent until your landlord fixes the problems. This process is called an “Article 7-D” petition and lawsuit.

This process does not protect you from unsafe conditions you or your guests caused. That is your responsibility. It is only for when your landlord is not fixing unsafe conditions.

If you live in Nassau, Suffolk, Richmond, New York, Bronx, Kings, or Queens counties, the rules are different. Learn more about asking your landlord for repairs on Long Island or in New York City.

Before You File

You must first try to resolve the issue with the landlord. Your landlord has to know about the problems and have a chance to fix them. You can use a sample letter and fill in the details about your specific situation. 
 

Keep proof of your request (texts, emails, letters) showing:

• You told the landlord about the problem, and
• The landlord had time to fix it, but did not.

What conditions count

If you are going to file a repair petition, the repair issues must be serious ones that are dangerous to health and safety.

You can file over any condition that:

• Violates the Warranty of Habitability, meaning conditions that could harm your life, health or safety, or
• Violates local or state housing standards.

Some examples would be your heat, water, or electricity does not work or only works part of the time. Also, leaks, broken appliances, unsafe electrical wiring, mold, mice or other infestations, among many other examples.

If there is a serious problem your landlord will not fix, a repair petition may be needed. 

If DSS or Section 8 stopped paying your rent due to the repair issue, it is likely serious enough that you can file a repair petition in court. However, these are not required to file a repair petition.

Who can file

You can file if you have lived in the home for at least 30 days in a row. Anyone who meets this 30-day rule counts as a “tenant” under the law.

Who can be sued

You can sue:

• The owner of the property,
• A public housing authority or government body that owns or manages the building,
• Anyone legally responsible for maintaining the property.

Where and how to file

You can file a repair case on your own, without a lawyer. 

You must file in the court located in the City, Town, or Village Court where the property is.

1. Confirm the property’s location (you can check tax assessment records online) so you know what court to file in.
2. Go to the City, Town, or Village Court and tell the clerk you want to file a repairs case.
3. You will need two forms: 1) Notice of Petition and 2) a Petition for an “Article 7-D Judgment Directing Repairs”.
   1. You can get these forms at the courthouse or visit the NY Office of Court Administration and go to the “RPAPL Article 7-D Forms” section to download these forms and fill them out.
   2. You will fill in the parts about your situation, and the court fills in the official parts, like the date, time, and who issues the notice.
4. Pay the filing fee:
   1. $45 in city courts,
   2. $20 in town or village courts.
      Fee waivers are available if you cannot afford the fee.

What the Notice of Petition must include

This form tells your landlord when and where to appear in court. It includes a warning that if the landlord does not show up, they may lose the chance to defend the case.

The court clerk or judge will fill in:

• The date and location of the court hearing.
• The signature or stamp of a judge, court clerk, or attorney.

You do not need to fill in those details yourself—the court will handle them. You just need to make sure the Notice of Petition includes these details.

What the Petition must include

This form explains what you’re asking the court to do and why.

You fill out:

• Who you are and how long you have lived there.
  Example: “I am a tenant at [address], and I have lived here for [length of time].”
  
   
• A description of the property.
  Example: “This property is a [one/two/three]-family home at [address].”
  
   
• A description of each repair problem and how long it has existed.
  
   
• What you are asking the court to do, such as:
  • Order the landlord to make repairs
  • Order the landlord to repay you for lost value or overcharged rent (because the apartment was worth less while there were unsafe conditions)
  • Reduce your rent until repairs are made

Example: “I am asking for an order telling the Landlord to repair the conditions described above, a monetary judgment for the difference between the actual rent and the rent I was charged, and an order reducing the rent until the conditions are repaired.”

You must sign the Petition in front of a Notary Public and include this statement: “The Petition is true to my knowledge, except as to matters alleged on information and belief, and that as to those matters, I believe them to be true.”  

Serving the papers

Your landlord must receive the Notice of Petition and Petition at least 10 days and no more than 17 days before the first court date.

The papers must be served by an adult who does not live at the property in one of these ways:

1. Someone hands the papers to your landlord; or 
2. If your landlord isn’t home, the server can give the papers to someone who lives or works there, like a family member or babysitter; or 
3. If no one answers the door after two tries at two different times of day, they can leave the papers on your landlord’s door and mail copies using both regular mail and certified (or registered) mail.

You must go to the court and file Proof of Service within 3 days after your landlord is served.

How to prove your case

You need to show that your home has dangerous or unhealthy conditions that violate the Warranty of Habitability.

You must also show that your landlord knew about these problems and did not fix them in a reasonable amount of time.

If you never told your landlord about the problems, you will probably lose the case.

Bring:

• Testimony (you and anyone who saw the conditions like your friends, family, and other members of the household can testify)
• Documents (inspection reports, letters, texts, emails showing the conditions existed and that you told your landlord about them)
• Photos or videos of the unsafe conditions.

You must prove your case by a “preponderance of the evidence.” This means you need to show that, when all the evidence is weighed like on a scale, it tips even slightly in your favor. That is enough to show that the conditions in your home violate housing standards or make the apartment not safe or livable.

Learn more about getting ready for court.