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A TENANT'S GUIDE TO HOUSING COURT Published by The Association of the Bar of the City of New York Committee on Housing Court, June 1999
The Association of the Bar of the City of New York This is a Guide for tenants to the Housing Part of the Civil Court
of the City of New York, more commonly known as Housing Court. Lawsuits
to collect rent, evict people or enforce rights regarding housing
conditions are brought in Housing Court. This Guide can help you
understand the kinds of cases (lawsuits) your landlord can start
against you and what you can do to defend yourself. It also tells
you about lawsuits that you can start against your landlord. Not
all housing problems can or should be solved in Housing Court. Many
problems can be solved by talking with your landlord or superintendent.
If you have difficulty talking with your landlord or superintendent,
you might consider contacting a local community mediation center
for help with communicating your concerns to your landlord or superintendent.
Even if you do not have a problem with your landlord, this Guide
gives basic tips to help you be prepared for problems that may arise.
This Guide discusses the most common events and court procedures
in Housing Court. No Guide, including this one, can cover every
tenantıs case. However, it will be helpful for you to know what
is most likely to happen and how you can best be prepared. If you have problems that you think are shared by others in your
building, you may want to get together to resolve these shared problems.
This Guide tells you where to go for information about working together
with other tenants. This Guide also tells you where you can go for
help with other housing problems, such as harassment and discrimination.
This Guide is not a substitute for a lawyer. Most landlords in Housing
Court are represented by lawyers. If you do not have one, you will
probably be at a disadvantage. Whenever you receive legal papers,
you should try to see a lawyer immediately. Information telling
you how to try to get a lawyer, even if you have no money to pay
for one, is included in this Guide. If you have not been able to
get a lawyer by the time you go to court and are still trying to
get one or to get legal advice, you have the right to ask the Judge
for more time to find or talk to a lawyer. See "What do I do When
I go Before the Judge?" on page 14. You can also get legal information at the "Resource Center" located
at the Housing Court in each borough. At the Resource Centers you
will find written information and videos, as well as attorneys.
These attorneys cannot give you legal advice or represent you, but
they can give you important and helpful information about answering
a nonpayment or holdover petition, and regarding what will happen
when you go to court on such cases. What Kinds of Lawsuits Are Brought in Housing Court? Lawsuits brought by landlord. (There are two types of lawsuits your landlord can
bring against you): Lawsuits brought by tenants. (There are three main
types of lawsuits you can bring against your landlord): What
Happens in a Nonpayment Case? A nonpayment case is brought by a landlord to collect unpaid rent.
A tenant may be evicted for nonpayment of rent. The demand for rent. Before you can be sued, the landlord
or someone working for the landlord must demand the overdue rent
from you and warn you that, if you do not pay, you can be evicted.
You can be told this orally or in writing. If your lease requires
that this kind of demand be given in writing, then it must be in
writing. If it is in writing, the rent demand must be delivered
to you at least three days before the day the court papers are served,
unless your lease requires more days. (See "How Are Legal Papers
Servedı?" on page 10.) Delivery of court papers. If you do not pay the rent after
the demand for rent is made, the landlord can file a nonpayment
petition (sometimes called a "dispossess") against you in Housing
Court. The Court Clerk will mail you a post card when the landlordıs
petition is filed telling you to promptly come to court. The petition
and a notice of petition (usually the front and back of the same
page) must also be served on you in one of the ways described on
page 10("How Are Legal Papers Servedı?"). Going to Housing Court. When you receive the nonpayment
petition, go right away to the Landlord-Tenant Clerkıs Office in
the Housing Court. The address of the Court will be indicated on
the notice of petition. You must do this within five days of receiving
the papers from your landlord. If you are late, you still should
go to the Landlord-Tenant Clerkıs Office. How to answer the nonpayment petition. You can simply tell
the Landlord-Tenant Clerk your answer or you can give the Clerk
a written answer. If you need help in answering the petition, there
are posters on the wall in every Landlord-Tenant Clerkıs Office
which will give you information on how to answer a nonpayment petition.
You may also go the Resource Center located in each Housing Court
for information on how to answer and about what happens in a nonpayment
case. At the Resource Centers you will find written information
and videos, as well as attorneys. These attorneys cannot give you
legal advice or represent you, but they can give you important and
helpful information about answering a nonpayment petition. You should
also look at the next section of this Guide called "What to say
in your answer" on page 4 for some possible defenses against a nonpayment
petition. If you decide to answer in writing before going to the Landlord-Tenant
Clerkıs Office, a copy of your answer should first be "served" on
the landlord by giving it or mailing it to the landlordıs lawyer
or to the landlord if there is no lawyerıs name on the court papers.
You should then bring a copy of the written answer with an affidavit
swearing how you "served" the landlord to the Landlord-Tenant Clerk
in the borough in which you live. If you do not answer your case in writing, you must tell your
answer to a Clerk in the Landlord-Tenant Clerkıs Office in the borough
in which you live. When you get to that office, you should stand
on the line for filing an answer. When you get to the Clerkıs window,
tell the Clerk what your answer is. The Clerk will have form answers
that list the reasons why tenants sometimes have not paid their
rent. You can ask the Clerk to read that form to you. The Clerk
should check off the reasons listed on the form that match the reasons
you tell him or her. If that list does not include any of your reasons,
ask the Clerk to add them to the form. After you tell the Clerk
your answer, the Clerk will give you a copy of that form. You should
check to see that the Clerk has checked or written down all of the
defenses you told the Clerk. If the Clerk has not done that, ask
the Clerk to do so. A copy of your answer will also be sent to the
landlord or the landlordıs attorney, and the original will be kept
in the court file for your case. If one of the reasons you didnıt
pay the rent is because your apartment needs repairs, be sure to
ask the Clerk for a housing inspection. (See "How Do I Request a
Housing Inspection?" on page 24.) What to say in your answer. You can defend yourself against
the petition by showing any of the following. NOTE that this is
not a complete list of all possible defenses. Can I have a jury trial? You can also ask for a jury trial
in your answer, although the Judge may later decide that you gave
up your right to a jury trial in your lease, if you had one (almost
all leases include an agreement to give up a right to a jury trial).
You must request a jury trial and pay a fee when you give your answer
to the Clerk. If you cannot pay the fee because you do not have
enough money, you can request that the fee be waived. All of this
must be done in the Landlord-Tenant Clerkıs Office. If you are late
in requesting a jury trial, you can ask the judge who has your case
to still let you have a jury trial, but if you wait too long, your
request will usually be denied. The Clerk will tell you when to return to court. When you
give the Clerk your answer, the Clerk will give you a date for you
and the landlord to come to court. This is called your "court date."
The Clerk will write or stamp the court date, time (usually 9:30
AM, 11:00 AM or 2:00 PM; if there is night court in your borough,
the time might be 6:00 PM), and the courtroom number (also referred
to as "Part" with a letter of the alphabet after it) on your copy
of the petition and answer. The courtrooms or "parts" are also called
"Resolution Parts." (See "What is a Resolution Part?" on page 14.)
The court date is usually a week after you give your answer to the
Clerk. You must be in the courtroom on your court date and on time.
You should be there before the scheduled time so you have time to
get through security at the entrance to the court house and to find
the courtroom and get a seat. (See "What Do I Do When I Go Before
the Judge?" on page 14.) Free day care at Housing Court. If you have young children,
you should check to see whether the Housing Court in your borough
has day care. If it does, you should get to court before your scheduled
time so you have time to leave your children at day care. Day care
is free of charge. If you do not answer the petition or do not go to court on
your court date, you can be evicted. If you do not answer the
petition on time, whether or not you received it, or you do not
go to court on your court date, the landlord can get a final judgment
and then have a City Marshal serve you with a "notice of eviction."
(See "What is a Notice of Evictionı?" on page 21.) If you receive
a "notice of eviction," go right away to the Landlord-Tenant Clerkıs
office and ask for an "Order to Show Cause." (See "What Is an Order
to Show Cause?" on page 22.) Bring with you any papers or postcards you received from the court
or from the landlord, and the "notice of eviction." Tell the Clerk
if the papers were not delivered to you or were not delivered properly.
(See "How Are Legal Papers Servedı?" on page 10.) Also tell the
clerk why you did not go to court on your court date. If a Judge signs the Order to Show Cause, this will stop the eviction
at least until you can come back to court and tell a Judge what
happened. What Happens in an Holdover Case? Legal Papers You
Should Receive Before You Have to Go to Court. How to answer the holdover petition. You can answer the
petition orally or in writing when you go to court on your court
date or you can answer in writing before your court date. (See "What
to say in your answer" on page 7.) If you have questions about how
to answer the petition or about what will happen on your court date,
you can go to a Resource Center in the Housing Court in each borough.
At the Resource Centers you will find written information and videos,
as well as attorneys. These attorneys cannot give you legal advice
or represent you, but they can give you important and helpful information
about answering a holdover petition. If you decide to answer in writing before the court date, a copy
of your answer should first be "served" on the landlord by giving
it or mailing it to the landlordıs lawyer or to the landlord if
there is no lawyerıs name on the court papers. You should then bring
a copy of the written answer with an affidavit, swearing how you
"served" the landlord, to the Landlord-Tenant Clerk before the court
date. What to do after receiving the holdover petition. The holdover
petition will tell you the court address, the courtroom number (also
usually referred to as "Part" with a letter of the alphabet after
it), and the date and time to show up at Housing Court, usually
within two weeks of the date you received the court papers. You
must be in court on your court date and on time. You should be there
before the time indicated on the petition so you have time to get
through security at the entrance to the courthouse and to find the
courtroom and get a seat. (See "What Do I Do When I Go Before the
Judge?" on page 14.) Free day care at Housing Court. If you have young children, you
should check to see whether the Housing Court in your borough has
day care. If it does, you should get to court before the time indicated
on the holdover petition so you have time to leave your children
at day care. Day care is free of charge. What to say in your answer. You can defend yourself against the
holdover petition by showing any of the following things. NOTE that
this is not a complete list of all possible defenses. Can I have a jury trial? You can also ask for a jury trial
in your answer, although the Judge may later decide that you gave
up your right to a jury trial in your lease, if you had one (almost
all leases include an agreement to give up a right to a jury trial).
You must request a jury trial and pay a fee before your case is
on for the first time. If your case is adjourned, you can request
a jury trial and pay the fee before the adjourned date. If you cannot
pay the fee because you do not have enough money, you can request
that the fee be waived. All of this must be done in the Landlord-Tenant
Clerkıs Office. If you are late in requesting a jury trial, you
can ask the judge who has your case to still let you have a jury
trial, but if you wait too long, your request will usually be denied.
How Are Legal Papers "Served"? There are only three ways to deliver or "serve" a notice of petition
and petition in nonpayment and holdover cases. The notice of termination
and the notice to quit usually have to be served in one of these
three ways also. The rules for serving the demand for rent and the
notice to cure are more complicated and are not described here. In any event, when your landlord is serving you with a notice
of petition and petition in a nonpayment or holdover case, one of
these three ways must be used. In addition, every person named in
the petition must be served his or her own set of legal papers.
If you receive a notice
from the Post Office that the Post Office has registered or certified
mail for you, go pick it up. It is always better to know what papers
the landlord has sent you. The court will find that the landlord
has properly served the notice of petition and petition even if
you donıt pick it up from the Post Office (as long as the landlord
has followed all of the other service requirements described above).
What
Do I Do If I Was Not "Served" Properly? When you answer, tell the Clerk or the Judge if the landlord did
not follow one of these three ways to serve you with the legal papers.
The Judge may decide to set a date for a hearing, called a "traverse"
hearing, to decide whether the service of the court papers was proper.
The landlordıs process server may be asked to tell under oath how
the legal papers were served. You will have the right to ask the
process server questions, to testify yourself, and to call witnesses
to explain that the papers were not received in one of the ways
described above. If the Judge finds the service of the legal papers
was not correct, the case will be dismissed. However, the landlord
may start the case over again by giving you a new set of legal papers.
If you receive a new set of legal papers, do not ignore these court
papers. You must answer them as described above or you may be evicted
from your home. Every time you go to Housing Court, take the following things with
you: What
Do I Do When I Go Before the Judge? Get to court early! Leave plenty of time to get through
security at the entrance of the court house. On your first court
date, you must be in the courtroom that you were told to go to by
the Clerk (in a nonpayment case) or that was indicated in the Notice
of Petition (in a holdover case). The first courtroom you go to
is usually called a Resolution Part. What Is a Resolution Part? What Should You Do When You Go to the Resolution Part? What Should You Do When Your Case Is Called? What If the Case Is Not Settled? What If the Case Is Adjourned or Scheduled for Trial on Another
Date? What
About Settlements and Stipulations? As described above, in the Resolution Part, in Mediation, or even
in the Trial Part, you and the landlord, with the assistance of
the Judge, the Judgeıs assistant or the court mediator, may reach
a settlement in your case. Reaching an agreement is usually easier
in a nonpayment case than in a holdover case since the landlord
usually wants you to move out in a holdover case. Most nonpayment
cases are settled, rather than going to trial. Be careful. Agree only to what you think is fair and
be sure you can do what you promise. Be sure you know what legal
rights you may be giving up. Do not sign anything until you have
read and understood the whole agreement and the court attorney or
the Judge has explained to you what you are signing. If you have
any questions or doubts, you have the right to ask to talk to the
Judge who must approve your settlement. Things to get in the agreement. NOTE that this is not a complete
list of things that you can try to get in an agreement. Things to avoid in the agreement. NOTE that this is not a complete
list of things to be avoided in an agreement. YOU SHOULD NOTE that if the agreement in a nonpayment case
contains a final judgment for an amount of money and a deadline
by which you must pay that amount, it will generally be very difficult
to get a Judge to sign an Order to Show Cause to get more time to
pay that amount unless you can deposit the entire judgment amount
with the Court. Therefore, it is important not to agree to a final
judgment if there is any chance that you may not be able to make
the payment deadline. Getting the rent money on time can sometimes
be a problem for tenants who need to get the money from the Department
of Social Services. If the agreement does include a final judgment,
be sure the agreement contains specific words agreeing that you
can get more time without depositing all of the rent money and also
describing what you have to do to get more time. What if youıve signed an agreement, but you canıt do what you
promised? If you cannot pay on time or do other things you promised
in the agreement, go to the Landlord-Tenant Clerkıs office and ask
for an Order to Show Cause to get more time. (See "What is an Order
to Show Causeı?" on page 22.) A Judge will read your Order to Show
Cause and decide whether to give you more time. If your request
for more time is denied, you may be evicted if you cannot pay on
time or keep other promises you made in the agreement. Also, as
explained above, if the agreement is in a nonpayment case and if
it contains a final judgment for an amount of money, the Judge usually
cannot give you more time unless you can deposit all of the judgment
amount with the Court or unless the agreement says that you can
get more time without depositing all of the rent money. What
Happens If I Go To Trial? When you enter the Trial Part courtroom, tell the court clerk or
the court officer your name and the name of your case. If there
is space in the courtroom, wait there to see how other tenants and
lawyers talk to the judge, try to settle cases, or actually do a
trial or hearing. When your case is called, answer "tenant" and
go before the Judge. If you need to have the case put off in order
to get documents or witnesses you will need for the trial, you can
ask the Trial Part Judge to put off your case, but this may be very
hard to do since cases that are sent to the Trial Part are supposed
to be ready to go to trial. (See "What Should I Bring to Court?"
on page 12 regarding some of the evidence you may need at a trial.)
The Judge will ask you and the landlord or his or her attorney
some questions and may again try to settle the case. If you do not
settle the case and both sides are ready, the Judge will probably
hold a trial of your case that day. It is important to remember that during the trial, you should
not argue with or address your objections, comments or arguments
to the landlord or his or her attorney. Everything should be addressed
to the Judge to try to convince the Judge to decide in your favor.
In the same way, the landlord or his or her attorney should not
address his or her arguments, comments or objections to you, but
to the Judge. In addition, neither you nor the landlord should
interrupt each other unless you are making an objection during the
trial. Finally, although you might get frustrated or upset during
the trial because of something that happens, you should remember
that shouting or talking in a way that might be seen as disrespectful
will not help your case. Try to remain calm and courteous while
you tell your story to the Judge in a clear and persuasive way. At trial, the landlordıs case will usually be presented first.
All witnesses will be asked to swear or affirm that they will tell
the truth. What the witness says to the court is called "testimony."
During the landlordıs case, you can "object" to questions that are
being asked of a witness or to documents the landlord introduces.
You can "object" if you think there is a good reason why the testimony
or the document should not be allowed by the Judge, not just because
you disagree with it. For example, you can object if the witness
does not have personal knowledge of the things he or she is talking
about, but is only repeating what someone else told him or her (that
is called "hearsay") or if a government document is not certified
or if a document is not an original or has been changed. You can
always object if you think that the testimony or document has nothing
to do with the case (that is called "irrelevant"). After the landlordıs
witnesses finish testifying, you can also ask the landlordıs witnesses
questions about their testimony. That is called "cross examination."
After the landlord puts on his or her case, you will have a chance
to present your case, including testifying on your own behalf and
presenting other witnesses or evidence (such as letters, photographs,
etc.) to the Judge. You must bring all evidence and witnesses to
court on the day of the trial. (See "What Should I Bring to Court?"
on page 18 regarding some of the evidence you may need at a trial.)
The Judge will not accept written statements, even if they are notarized,
from your witnesses. However, the Judge will accept public records
if they are certified by the government agency you got them from,
for example, printouts from the Department of Social Services (DSS),
the Department of Housing Preservation and Development (HPD), or
the Division of Housing and Community Renewal (DHCR). Your witnesses
must appear in person to testify. All witnesses, including you,
will be asked to swear or affirm that they will tell the truth.
The Judge will listen to you and your witnesses, and will look at
documents, photographs, and other evidence before making a decision.
Since you are not a lawyer, you should simply tell the Judge the
facts of your case in a simple, straightforward way. Think of it
as trying to tell a story to someone. The important thing is for
you and your witnesses to tell the Judge the facts of your story
in a clear, organized and understandable way. You will be able to
refer to the court inspection, if there is one, to help you talk
about the conditions in your apartment and you can also use photographs
to help the Judge understand how bad the problems are. The landlord or his or her lawyer may "object" to things that you
or your witnesses say, or to documents or photographs that you try
to give to the Judge. If you do not understand the landlordıs objection,
ask the Judge to explain it. The Judge cannot give you legal advice
about your case, but he or she can explain what is going on, and
the procedures and rules that must be followed at a trial. If the
Judge agrees with the landlordıs objection to your testimony or
other evidence (thatıs called "sustaining" the objection), you or
your witness may not be able to tell that part of your story to
the Judge or you may not be able to give a particular document or
photograph to the Judge. Therefore, it is important that you try
to understand what is going on to the best of your ability. One
way to do that is to ask the Judge to explain what is happening.
In nonpayment cases: In holdover cases: What
Is a "Notice of Eviction"? A "notice of eviction" is a written notice from a City Marshal
that warns you that you and your family can be evicted soon. An
eviction means that the Marshal can come to your apartment, remove
you and your family and your belongings from the apartment, and
change the door locks. If the notice of eviction is given to you
personally, you can be evicted on the fourth business day after
that, not counting weekends and legal holidays. If the notice is
not served on you personally, then you can be evicted on the sixth
business after it is left with someone else in your apartment or
left on your apartment door, not including weekends and holidays.
However, since mistakes can happen, you should not wait until the
fourth or sixth business day before you do something either to stop
the eviction or to move out of the apartment if you agree that you
do not have the right to remain in the apartment. The notice of eviction is supposed to be served like other legal
papers. (See "How Are Legal Papers Servedı?" on page 10.) However,
even if the Marshal does not serve the papers on you in the right
way, it may be difficult for you to stop the eviction or for you
to have a judge put you back in your apartment after the eviction
if the landlord has a judgment against you after trial or if you
have not kept the promises you made in an agreement settling your
case. The notice of eviction is the last court paper that needs to be
served on you before you are evicted. The notice of eviction will
be served after the court issues a warrant of eviction. In a nonpayment
case, before the warrant is issued, the landlord must accept your
rent and may not go forward with the eviction. However, after the
warrant is issued, even if you pay the rent, the landlord may still
choose to evict you or the landlord may choose to let you stay in
the apartment. The only way you can be sure that you will not be
evicted after the warrant is issued is to get a written signed statement
from the landlord that he or she will not evict you after you have
made payment or to get an Order to Show Cause stopping or putting
off the eviction. If you donıt have the landlordıs signed written
agreement or an Order to Show Cause stopping the eviction, the City
Marshal may seek to evict you even though you paid the full judgment
to the landlord. In any event, if you receive a notice of eviction and want to stop
or put off your eviction, go immediately to the Landlord-
Tenant Clerkıs Office and ask for an Order to Show Cause. (See "What
is an "Order to Show Causeı?" on page 22.) Also, immediately
call the City Marshalıs Office listed on your notice of eviction
and ask if a specific date has been set for your eviction. The phone
number for the Marshalıs Office will also be on the notice. Call
the City Marshal each day until you find out the date scheduled
for your eviction. However, do not wait to get an Order to Show
Cause until your eviction is actually scheduled because, by that
time, it may be too late. What
is an "Order to Show Cause"? To try to stop an eviction, or to force the landlord to live up
to his or her part of an agreement or the Judgeıs order, or to bring
your case back before the Judge for any other reason, go to the
Housing Court Clerkıs Office and ask for an Order to Show Cause.
Fill out an affidavit, which is your sworn statement explaining
why you need the Court to stop your eviction or give you whatever
other assistance you are asking for, and ask the Clerk to have the
Judge sign the Order to Show Cause. The Order to Show Cause will
also include an order preventing your eviction until your request
can be heard in court at a later date. Ask the Clerk if you should
wait or return early the next day. If your eviction is scheduled
for that same day, be sure to tell the Clerk that you cannot wait
until the next day. If you are being evicted because you did not come to court
when you were supposed to, you must show two things in the Order
to Show Cause: (1) a good reason for not going to court when you
were supposed to, such as "I never received the court papers" or
"I was sick," and (2) a good defense against the landlordıs claim
in the petition, such as "I paid part or the full amount" or "I
need repairs." (See "What to say in your answer" on page 4 [nonpayment
case] and on page 8 [holdover case].) If you are being evicted because you did not keep your promise
in the settlement agreement or the Judgeıs order, you must show
that you have a good excuse for not having done so. In a nonpayment
case, it will be difficult to get the Judge to sign an Order to
Show Cause stopping the eviction unless you can deposit the entire
judgment amount with the Court or you can prove that you do not
have all of the money because of a delay by the Department of Social
Services and not through any fault on your part. If the Judge
refuses to sign your Order to Show Cause, he or she should write
"Denied" on it. You can still try to have an Appellate Term Judge
sign it. However, as discussed above, in a nonpayment case, the
Appellate Term also usually cannot sign an Order to Show Cause stopping
the eviction unless you can deposit the entire judgment amount with
the Court. Ask the Housing Court Clerk for the location of the Appellate
Term. If the Appellate Term Judge signs the Order to Show Cause,
you will have to serve the Order to Show Cause as described below.
You may also need to bring the original back to the Housing Court
Clerk. You should ask the Appellate Term Clerk exactly what you
must do. If the Judge signs your Order to Show Cause, you must deliver
the copies in the way the order tells you to and you must do it
by the date and time stated in the order, which is usually the next
day. Usually you must deliver the Order to Show Cause and your affidavit
to the landlordıs lawyer or to the landlord, if there is no lawyer,
and, if there is a warrant of eviction, to the City Marshal. The
Clerk will show you how to find the addresses of the landlord or
the landlordıs lawyer and the Marshal. If your eviction is scheduled
for that same day or if the Marshal is in a different borough, the
Clerk should also call the Marshal to tell him or her that an Order
to Show Cause has been signed stopping the eviction. The Clerk will
also give you an Affidavit of Service for you to fill out later
after you have served the Order to Show Cause. If you have any questions
about how to serve the Order to Show Cause, ask the Clerk. When you serve the Order to Show Cause, you should ask the landlord
or the landlordıs lawyer and the City Marshal to sign or stamp their
name and the date and time of service on your copy of the Order
to Show Cause. If they do not sign or stamp your copy, you must
fill out the Affidavit of Service given to you by the Court Clerk
as proof of the date and time that you served the Order to Show
Cause. Then, you must sign the Affidavit of Service and have it
notarized. You must have either a stamped or signed copy of the
Order to Show Cause or your Affidavit of Service when you go back
to court. If you do not and the landlord does not show up, your
Order to Show Cause may be denied and you will have to start the
process all over again. You may even get evicted in the meantime.
The Order to Show Cause will tell you the day, time and courtroom
to go to when you return to court. Be there on time. Check the calendar
on the wall outside of the courtroom to make sure your case is on
the calendar. Find your case on the calendar and write down your
calendar number so you will know when your case will be called.
If your case is not on the calendar, go to the Housing Court Clerkıs
office or ask the Judgeıs Clerk what you should do. When your case is called, stand up and say loudly "Tenant." If
the landlord does not answer, you may, as described above, have
to show your Affidavit of Service and, if you were also told to
mail the Order to Show Cause, your Post Office mailing receipts.
Even if the landlord is there, he or she may deny that you properly
served the Order to Show Cause and you will have to show your proof
of service. If the landlord answers, you will be told to step up to see the
Judge. Tell the Judge what the problem is. For example, tell the
Judge why you missed your earlier court date or why you have not
been able to pay the rent under the stipulation you signed or what
the landlord has failed to do. (See "What Happens If I Go to Trial?"
on page 18 for some hints on how to tell your story to the Judge.)
What will happen depends on the Judgeıs decision. If you do not
understand what is happening, ask the Judge to explain. How
Do I Request a Housing Inspection? Even before there is a court case, if you have problems in your
apartment or building, you can call (212) 824-4328 to request a
housing inspection. If an inspection is made, the landlord will
receive a notice of all violations. Once a court case has begun, if you have repair problems in your
apartment or building, you should ask for an inspection from the
Clerk or the Judge the first time you are in court or as soon as
possible. You have a right to ask for a housing inspection and you
should ask for it if you need it to prove that there are bad conditions.
If you request an inspection from the Clerk when you answer in
a nonpayment case (see "How to answer" on page 4) or from the Clerk
or the Judge on the first court date in a holdover or nonpayment
case (see page 14), you may get a date for the inspection and a
date to return to court. You will be asked to make a list of the
repairs needed. Make sure to include every problem in you apartment
and in the public areas of the building. If a problem or area is
not on the list, the inspector may refuse to look at it. On the day of the inspection, someone must be home from 9:00 AM
to 5:00 PM to let the inspector in. Be sure to show the inspector
all problems in the apartment, hallways, and other public areas.
How
Can I Force My Landlord to Make Repairs? If your landlord sues you for nonpayment of rent and you
have conditions in need of repair in your apartment, be sure
to ask the Clerk for an inspection when you first go to court.
That way, the Judge will have an inspection report in your court
file. When you go before the Judge you should tell the Judge about
any repairs that are needed in your apartment or your building.
If necessary repairs have not been made, the landlord may not have
lived up to his or her obligations under what is called the "warranty
of habitability." This means the landlord has not kept the apartment
and the public areas of the building up to standard living conditions.
The Judge may reduce the amount of back rent that you have to pay
because of this. This is called an "abatement." You can also ask
the Judge to order the landlord to make repairs. (See "How Do I
Request a Housing Inspection?" on page 24.) You can also sue your landlord to get repairs made. Before
starting any action in Housing Court, tell your landlord and superintendent
about any problems in your apartment or building. If possible, write
a letter to your landlord and superintendent, preferably sent by
certified mail, return receipt requested, so you have proof of this.
Include a list of the problems and tell them how long each problem
has existed. Keep a copy of the letter and the certified mail receipt.
If your landlord refuses to make repairs, you can bring one of two
kinds of actions in Housing Court, a Housing Part ("HP") proceeding
and/or a 7A proceeding. HP proceedings. If your apartment needs repairs, you can
bring an "HP" case ("H" for "Housing" and "P" for "Part"). To begin
the case, you must buy an index number to file your case in Court.
This costs $35.00 and must be paid by money order made out to "Clerk
of the Civil Court." If you cannot afford the $35.00, you can ask
the Court Clerk for papers to fill out so you can start the case
without paying the fee. After completing these papers, a Judge will
decide whether you can begin your case without paying the fee. Then, fill out the HP proceeding papers explaining what needs to
be repaired in your apartment and in the public areas of your building.
The court may set dates for a housing inspector to visit your building
and for a court hearing. Before you start an HP action, talk to the other tenants in your
building. If there are building-wide problems, you and the other
tenants in your building may also be able to get help in forcing
your landlord to make repairs from the pro se Court Attorney or
the Department of Housing Preservation and Development ("HPD") Tenant
Assistance Unit or from other organizations listed on pages 28-29.
7A Proceedings. If your building has serious problems, such
as frequent lack of heat and hot water or lack of basic maintenance
or services, and not just problems in one apartment, or if your
landlord is harassing you, you should consider getting together
with other tenants and bringing a 7A Proceeding. In a 7A Proceeding,
the tenants in a building ask the court to remove the landlord as
active manager and to appoint an administrator, who is supervised
by the Court and who will collect the rent monies and use them to
make repairs and to put the building back in shape. The landlord
keeps legal ownership, but no longer has the power to operate the
building. If the 7A administrator succeeds in repairing the building,
the court can give control of the building back to the landlord.
At least one-third of all the tenants in the building must agree
to bring a 7A Proceeding. Often, a tenantsı association can help
in getting enough tenants together to bring a 7A Proceeding. You
and the other tenants in your building may be able to get help from
the Courtıs pro se attorney, the HPD Tenant Assistance Unit or other
organizations listed on pages 28-29. How
Can I Be Prepared for Resolving Housing Problems? Keep records, even if you have never had a problem with the apartment
or building you live in. You should always keep the following in
a safe place:
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