Posted by JJ on November 20, 2001 at 23:23:11:
In Reply to: Court Question re Notice of Petition for Non-Payment posted by Lynn on November 20, 2001 at 19:59:01:
: I received a petition for non-payment. Although I do not have the back rent, I did not ignore the petition. I went to NYC Housing Court and received a court date to appear. I understand that if I do not show up at the court date I lose by default, and I know that if I do show up at the court date I lose also because I do not yet have the needed funds to pay the back rent. Either way I lose and I am making preparations to vacate. My question is after I appear in court, do I have to have vacate the premises 72 hrs from my day in court? Or does the judge give you a little more time than that? a set date as to when you must vacate?
If you don't show up, you lose by default, the warrant can issue immediately, the marshall will serve a 72-hour or 5-day notice, then evict you. And the judgment will be entered in court, can be entered on your credit report. If you don't pay, the landlord can attach your wages and/or your bank accounts. etc. And you have to pay moving expenses, find a new home, etc. And you will be blacklisted in the NYC area.
If you do appear, you can negotiate a pay-out schedule & stay in your home and avoid all that. If something like death or illness or WTC or such caused a sudden lack of income, you might be elibible for a 'one-shot-deal' which would pay your back rent for you.
I suggest you read about the HC process here http://tenant.net/Court/Hcourt then go discuss your problem with the pro-se attorney at HC before your first court date.
ps: you may have defenses and counterclaims that could reduce your rent...
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