Proposed Order to Show Cause Directing the Correction of Violations
(Housing Part Proceeding) (New York City)

Summary

This order to show cause can be used in a Housing Part Proceeding (HP Proceeding) in New York City. This template includes practical guidance and drafting notes. An HP Proceeding is an action brought by a New York City tenant in a special part of housing court to compel a landlord to make repairs to the leased premises. If appropriate, the tenant can also ask the court to impose civil penalties and fees upon the landlord. To commence the action, the tenant files verified petition with New York City Housing Court. Together with the petition, the tenant should submit a proposed order to show cause. The order informs the respondents when and where the court calendared the case; and the petitioner how and when the documents are supposed to be served on the respondents. The proposed order to show cause should contain: • Standard language indicating the date, time, and location where the respondents should appear, e.g.: "appear before the Housing Part of the Civil Court of the City of New York, New York County, in person at 111 Centre Street, Rm ___, NY, NY 10013 on the ____ day of _________ at (time)." • For virtual appearances, the email or number for respondents to contact the housing court for information on how to appear at a remote conference link/instructions to appear via Microsoft Teams (Note: Courts will usually include instructions with the signed order to show cause for respondent-owners to obtain an invitation to appear remotely). • A statement about how and when the petitioner(s) must serve the papers on the respondent(s), ideally including the relevant service addresses and emails, e.g., the service addresses for respondent-city HPD: Department of Housing Preservation and Development at Housing Litigation Bureau, 100 Gold Street, New York, NY 10038; serveHPD@hpd.nyc.gov. For guidance on HP Proceedings see Commencing a Virtual Housing Part Proceeding in New York City Checklist. For a template petition to commence the action see Petition (Housing Part Proceeding) (New York City). For an overview of practical guidance for those working in the public interest space, see Public Interest, Pro Bono, and Non-Profit Resource Kit.