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How to Sue the Housing Authority in NYC

If you've been injured in an accident or on the job, the attorneys of Hach & Rose, LLP have the knowledge, skills, and experience required to hold the party responsible for your injury accountable.

Last Updated: 03-19-2024

Your Lawyers to Sue the Housing Authority in NYC

Established in 1935, the New York City Housing Authority (NYCHA) provides affordable housing to hundreds of thousands of New Yorkers from mid to low-income economic situations. Unfortunately, carelessness and neglect in NYCHA buildings have resulted in numerous premises liability accidents in recent years. Numerous people who live in NYC public housing are now looking to sue the housing authority for negligence that has caused them pain and suffering.

If you suffered an injury from the NYCHA’s negligence, work with our lawyers to sue the housing authority in NYC with a premises liability claim lawsuit. You could obtain compensation for injuries you suffered and losses. Contact us online or call us at (212) 779-0057 for a free consultation.

Have You Been Injured By Premises Liability?

Gavel and laser-cut figure that says premises liability on a wooden desk.

In New York, premises liability law dictates that property owners and landlords must keep their properties free of hazards that could potentially cause someone harm. NYCHA, as the property owner, could be responsible and held accountable if their negligence or recklessness leads to an injury.

Accidents happen in NYC public housing properties for various reasons, with negligence on the part of the NYCHA being one of the most common causes. In recent years, the NYCHA’s carelessness has resulted in numerous reports of injuries stemming from hazardous conditions, lack of regular maintenance, and failure to carry out essential repairs.

Common Types of Premises Liability Negligence in NYC

  • Defective elevators – Failure to properly maintain elevators or misleveling of elevator doors in NYCHA properties can lead to dangerous elevator accidents, including free falls and electrocutions.
  • Broken staircases – Broken staircases can easily cause someone to trip. If the injured victim tumbles down the stairs, they could seriously injure themselves.
  • Poorly maintained sidewalks – Like broken staircases, badly maintained walkways and parking areas can also contribute to trip and fall accidents on NYCHA property.
  • Ceiling collapses – Ceiling collapses have been reported on the NYCHA property. These collapses can endanger residents in the unit where the ceiling collapses and residents on the floor above.
  • Negligent security – Providing residents and visitors with a safe living environment also means providing the necessary security to deter and keep criminal trespassers out. When the city fails to secure its public housing properly, residents and guests are vulnerable to illegal activity.
  • Debris or liquid on stairs – Failing to clean up debris or liquid hazards on stairways can lead to a slip-and-fall accident. While it may not sound particularly dangerous, the victim could suffer life-altering injuries if they hit their head or damage another vital body part, such as the spine.

What If a Private Company Maintains My Building?

In recent years, NYCHA has hired private companies to maintain, repair, and manage certain New York housing properties. This practice is referred to as “privatization.” The private companies are responsible for providing maintenance, repair, and management services, while NYCHA retains ownership of the properties.

Who Maintains My Building?

It might be difficult to tell if NYCHA hired a private company to manage or maintain your building. To determine if NYCHA has hired a private entity to do maintenance, you can contact NYCHA directly and ask. They should be able to provide information about which private companies manage properties and which ones are managed in-house.

Additionally, you can check your lease or the building’s management office for information about the maintenance and management of the property or take notice of any companies doing work in the building. You might also receive a letter which identifies a new managing company. It is important to take note of the new entities since this can be very helpful to your attorney if you need to file an injury claim for a lawsuit.

Who Is Responsible When Someone Is Hurt?

If someone is hurt due to the failure of a private company hired by NYCHA to repair or maintain a property, the responsibility and liability for the injury will depend on the specific terms of the agreement between NYCHA and the private company.

In general, if the injury was due to the private company’s negligence or breach of contract, the private company may be liable for the damages. However, if the injury was due to a preexisting condition or some other factor outside of the private company’s control, NYCHA may be held responsible.

Review the Agreement

Reviewing the agreement between NYCHA and the private company, and the circumstances surrounding the injury is necessary to determine the specific liability in a given case. A free consultation with one of our premises liability lawyers at Hach & Rose, LLP can help you determine who is liable and what your best course of action is to receive compensation for your pain and suffering, medical bills, lost wages, and more.

NYCHA Notice of Claim Requirements

Because NYCHA is a municipal entity, those with injury claims must notify the city before taking legal action. The city must be given proper legal notice within a specific period of time after the accident or injury occurred before a lawsuit can be filed. In New York, this time period is 90 days from the date of occurrence.

The 90-day claim notice can be served through the New York City Comptroller’s Office in three ways:

  • In-person
  • By certified or registered mail
  • Electronically through the eClaim system

Gathering Evidence to Prove Liability

To bring a successful injury claim lawsuit against the NYCHA, you (or your housing authority lawyer) must gather evidence of negligence by the housing authority.

Common types of evidence used to prove premises liability cases include:

  • Photo and video evidence – Take pictures and videos of your injuries at the accident scene if possible. You should also take pictures of the scene, including the hazard that caused your accident. Visual evidence can provide irrefutable proof of what transpired.
  • Hospital bills and other expenses – To determine how much financial compensation you should demand, gathering your hospital bills and documenting any other medical expenses necessary to treat your injury will be helpful.
  • Pay stubs – If you have to take time off work while recovering from your injuries, collect your pay stubs to show evidence of missed work.
  • Complaints made to NYCHA – If you made any formal complaints to the NYCHA about a specific hazard that later led to your injury, it could enormously benefit your case. This kind of evidence will be difficult for the NYCHA to challenge because it will help establish that they knew about the hazardous condition.

How Your Premises Liability Lawyer Can Help

You and your attorney will use whatever information you gather to establish that the NYCHA owed you a duty of care to prevent you from being harmed, but breached that duty through negligence or recklessness. For a claim to be successful, it must also be shown how the NYCHA’s negligence directly caused your injuries and prove that you suffered damages.

What Damages Can I Recover Through a NYCHA Injury Claim?

Depending on the specific damages you suffered, you might be able to seek financial relief for:

  • Present and future costs related to your injuries, including hospital stays, emergency care and ambulance rides, surgeries, X-rays and imaging tests, prescription medications, in-home care, and medical equipment
  • Rehabilitative care costs, including physical and occupational therapy
  • Lost income from time missed at your job
  • Lost future income if you were disabled due to the accident and can no longer work the same job or have to be placed on light duty
  • Pain and suffering, including physical pain, emotional and mental distress, and PTSD
  • Lost quality of life
  • Other non-financial losses

Gavel on settlement claim money for housing authority claim damages.Determining the total value of your claim can be challenging without an attorney’s help. Calculating your expenses can be relatively straightforward if tedious. Quantifying your non-financial damages and assigning a monetary value to your pain and suffering can be very difficult.

The last thing you want to do is settle for less than you deserve. If the NYCHA was responsible for the accident, they should be accountable for your damages. A skilled attorney can help you determine the overall value of your claim.

Contact a New York City Housing Authority Lawywer

Do you believe you were injured due to the NYCHA’s negligence or carelessness? Contact Hach & Rose, LLP today work with our lawyers to sue the housing authority in NYC and the details of your case. We have the resources to help you collect evidence, prove liability, negotiate a settlement, and even take your case to trial. We are committed to helping victims of premises liability accidents just like you seek the financial relief they need to return to normal.

Contact the New York premises liability lawyers of Hach & Rose, LLP at (212) 779-0057 for a free case evaluation.

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