Here you have not withheld rent. Here you go to the clerk's office and pay a fee of $35 and obtain an order to show cause which is a court order which you now serve on the HPD and your landlord.

Once this is served the HPD attorney will take over the prosecution of the landlord.

Suing Landlord For the Period That Your Apartment Was in a Defective Condition

After the HP action has cured conditions in your apartment you are ready to sue for past deprivation going back six years or from the origin of the claimed violation.

This suit can be brought in the State Supreme Court or the Civil Court. In each of these Courts the tenants as plaintiff can demand a jury trial even if the lease says otherwise as the dictates of public policy trump the words in the lease.

In either of these proceedings the tenant who has not withheld rent should be the prevailing party and this in all likelihood will also recover attorney's fees.

A knowledgeable attorney may advise this action in an organized building in such circumstances where:

• Building goes for weeks without heat and/or hot water;

• Building has hundreds of class C and Class B violations as shown on a certified printout of serious Building Department Violations.

Once the Tenants' Association reaches the conclusion of rent strike you want the support of politicos, you want media coverage, especially local TV news and radio coverage.

Before undertaking the step of considering whether you are appropriate for rent strike consider the following:

Can a 20-50 tenant apartment house use rent strike -- theoretically, yes; practically, no.

In order to conduct an effective rent strike you really need considerably over fifty tenants--the bigger the building or complex the better the chance for a successful rent strike.

You need a steering committee dedicated to collecting rent and documents including landlord's L & T petitions.

You are going to need to have your tenants be prepared to commit at least 30% of a month's rent so you can hire an attorney and an engineer.

You may also need expert witnesses to testify in court and to examine your apartments and building-wide complaints.