Changes in Housing Court procedures

[TenantNet]

According to information we've received, effective 11/1/07, citywide:

1. New answer forms at court houses

a. Nobody can answer for an individual other than themselves with three exceptions: military service, incarceration, hospitalization

b. If multiple names on Petition person answering will be given a second form for other tenant to fill out and return to the court

2. Judges are being told NOT to let anyone sign a stip on behalf of anyone other than themselves

3. Judges are being told NOT to give a default in the part for an individual who did not file an answer with the court, and to get a default against them you will need to file a non-military [form].

4. The court will accept as a non-military for a non-answering tenant, the answering tenant's claim in a written stipulation that they have personal knowledge that no other named party is in the military or dependent on the military.

[dirae]

TN, i apologize for what might seem like a dumb question, but does this apply to only pro se cases or to cases that have legal representation, too?

[TenantNet]

From what I had heard, it applies to all cases. While we all know significant numbers of HC judges are dismissive of pro se tenants, I don't think they would admit so publicly.

[jkgal]

Could you comment on a judge ruling against a tenant (pro-se) who'd requested an adjournment due to another court matter (the adjournment was requested weeks in advance of the h/c date but denied on the day of h/court, since tenant wasn't there to defend themselves, presumably). That's very, very dismissive and very damaging to a tenant. How standard is this? Thanks in advance.....

[elderlytenant]

May be dumb question or may be not. However, does this mean that a tenant who is being sued in housing court may not be represented just by his lawyer and must always be present personally at the hearing?

[TenantNet]

I'm sure just the lawyer is OK, but if you have a lawyer, then ask. I don't want to try to interpret these regs ... just passing them on.

[elderlytenant]

TennentNet:

Thanks. I understand.

When a situation arises and I need a lawyer, he would know the answer. I believe what the regs say is that the answer must be personally signed and/or presented by the respondent. Whether the lawyer can sign my answer under Power of Attorney, the lawyer would know or he would obtain my signature. No one else other than a lawyer can present my answer (signed or unsigned) except in situation of military service, hospitalization or incarceration.

[TenantNet]

What they mean is that if a tenant is out of town (for whatever reason except those stated), the tenant's next-door neighbor can't appear as a favor for the tenant. HC cases are usually adjourned the first time on, but this raises question of defaults if a tenant is out of town, if the tenant doesn't even know about the case and so on. If I hear more on this, I'll post it.