How to File a Complaint Against a Contractor in New York City

Having issues with a contractor can add to the stress of home repairs. Whether it’s poor workmanship or a disagreement, it’s important to know your options. This article will guide you through the process of filing a complaint against a contractor in New York City, including details on dealing with unlicensed contractors and alternatives like small claims court.

Need to file a complaint against a contractor outside of NYC? Review our 50-state guide to contractor complaints.

Here are some of the most common reasons why you might consider filing a complaint against a contractor:

• The contractor never finished the work they were hired to do.

• You were overcharged for services. 

• Low quality of work.

• There were issues with contract terms or false advertising. 

• You paid the contractor, but they did not perform the work. 

• The contractor damaged your property.

Before filing a complaint against your contractor, collect all the important documents and information to help strengthen your complaint. 

• Review your contract. By carefully reviewing your contract and any change orders, you are confirming that you are right and the contractor is wrong. Unsure? Consider consulting with an attorney.

• Document All Communication. Keep records of all communications, meetings, and any relevant documentation. Try to have as much information as possible in writing, as this will be part of your evidence, should you need it.

• Photographs and Screenshots. If applicable, take photos or screenshots to document any errors, discrepancies, or issues.

• Check the Contractor’s License. Whether the contractor is licensed or not will matter if you file a complaint against them or sue them in small claims court. Here is how to check a contractor’s license for NYC contractors.

Informal communications: Start by communicating your concerns through email or phone. Make sure you keep copies of the emails and texts and also write down dates and times of every phone call with notes for each call.

Formal communications: If informal communication doesn't resolve the issue, consider sending a formal demand letter. This letter details your requests, such as a refund for an overcharge or completion of unfinished work. It also serves as a warning that you may take legal action if your demands aren't met.

Here are some reasons why you should consider sending a demand letter to the contractor:

1. A demand letter signals that you are serious about the issue and willing to take action to resolve it. Many problems are resolved by simply sending a demand letter.

2. If you end up filing a small claims lawsuit later on, the judge in your case may ask if you tried to resolve the problem out of court. By sending a written demand letter, there is a record of your attempt to resolve the problem out of court that you can include in your evidence.

3. A demand letter will also help you organize your facts and evidence and create a timeline of events. This will help you remain consistent and factual as you go through the steps to resolve your complaint.

Here is how our interactive demand letter template works:

The New York City Department of Consumer Affairs is primarily responsible for enforcing fair business practices and educating consumers on how to recognize scams and other dangers they may face in the marketplace.

Protecting yourself from subpar work starts with verifying that your contractor is licensed by the DCWP. You can check a contractor's license status on the NYC Department of Consumer Affairs website.

Type of Complaints the DCWP Handles

The DCWP licenses and oversees contractors in NYC who perform home and property improvements costing over $200. This is to ensure that contractors meet certain standards and to minimize disputes between consumers and businesses.

If you're a consumer and want to file a complaint against an unlicensed contractor, you can submit it online to the city using its designated portal. Please note that the DCWP doesn't handle complaints from one business against another.

Eligibility for Filing a Complaint: 

• You must be a New York City resident

• The contractor can be located anywhere in New York State

How to File a Complaint: 

• Online Submission: Visit the New York DCWP website to submit your complaint. Provide details like the work location and your contact information, and attach any relevant documents, such as invoices or contracts, for a stronger case. 

• By Mail: Download, fill out, and mail this form to the address below. Be sure to send copies of related documents (e.g., contracts, warranties, receipts, etc.) 

NYC Department of Consumer and Worker Protection

Consumer Services Division

42 Broadway, 9th Floor

New York, NY 10004

Please note that if you do not provide your address, your tip will remain anonymous.

After Filing Your Complaint:

After submitting your complaint to the NYC Department of Consumer and Worker Protection (DCWP), here’s what you can expect:

• Your Documents Matter. DCWP reviews your complaint along with any supporting documents you submit, such as receipts, contracts, canceled checks, correspondence, or court judgments. Your complaint cannot be processed without this documentation, so be sure to include as much relevant information as possible.

• Review and Referral (If Needed). If DCWP determines that your complaint falls outside its jurisdiction, it will return your materials and, in most cases, provide contact information for the appropriate agency that may be able to assist you.

• Case Assignment and Mediation. If your complaint qualifies, DCWP will open a case and assign a mediator to help resolve the issue. You’ll be given a case number, which you can use for follow-ups and to track your complaint status online.

• Business Is Notified. DCWP will send your complaint to the business for a written response. Then, a mediator will contact both parties, typically by phone, to help you and the contractor reach a resolution.

• Follow-Up If You Don’t Hear Back. If you haven’t received an update within 45 days, you can: Email: [email protected] or Call 311 and ask for a “Service Request Status”

How to Recover Money from a Contractor Through NYC’s Home Improvement Contractor Trust Fund

If a DCWP-licensed home improvement contractor in New York City took your money but didn’t complete the work, or left you with faulty or unfinished results, you may be eligible for compensation through the Home Improvement Contractor Trust Fund. This fund was created to help protect consumers like you from financial harm caused by licensed contractors who don’t fulfill their obligations.

There are two ways to pursue repayment, depending on your situation:

Option 1: Standard Trust Fund Invasion (Up to $25,000)

This is available if you already have a court judgment, arbitration award, breached settlement agreement, or administrative decision confirming that the contractor owes you money.

• The issue arises from a contract with a DCWP-licensed home improvement contractor

• The contractor was licensed at the time you hired them

• The contractor paid into the Trust Fund when obtaining their license
  You have complete documentation (e.g., contract, payments, receipts, etc.)
  You can provide one of the following:

  • A breached settlement agreement

  • A court judgment
    An arbitration award

  • An administrative decision

• The contractor still owes you money based on that outcome

If eligible, DCWP will contact the contractor for payment and may request a sworn affidavit from you. If the contractor fails to pay, DCWP may issue payment directly to you from the Trust Fund.

To pursue this option, submit a formal complaint online to DCWP. Your submission must include full documentation, such as contracts, receipts, and a court judgment or arbitration award. Without proper evidence, your complaint could be closed.

Option 2: Home Improvement Contractor Trust Fund Claim Process (Up to $10,000)

Launched in 2023, this newer option offers a simplified path for consumers who:

• Filed a complaint with DCWP on or after January 1, 2016.

• Participated in the mediation process without reaching a settlement and did not recover through a court.

• Contracted with a DCWP-licensed contractor who paid into the trust fund.

You must submit a notarized Home Improvement Contractor Trust Fund Claim Form and provide all required documents, including your original contract and proof of payments, to support your claim. 

Submit your Claim Form and all required documentation to: [email protected]

If approved, DCWP will send you the payment by mail.

If you believe the contractor has engaged in fraudulent activities or deceptive business practices, consider also filing a complaint with the New York Attorney General's Office.

Additionally, the Attorney General's office in NY offers a helpful Home Improvement Fact Sheet that can help determine whether a contractor has violated any regulations. 

For more information, check out our guide on How to File a Complaint with the New York Attorney General

If none of the options above work, consider suing your contractor in a New York small claims court. The maximum amount you can sue for is $10,000 within the 5 NYC boroughs.