Questions About Housing Court Procedures + Legal References

[luckyredpr]

I have a number of questions about Housing Court and procedures. I plan to hire an Attorney down the line but really want to educate myself so that I understand what I am getting into.

Please answer whichever questions you have answers for. I appreciate any and all help.

Thank you.

1) If I want to observe trial cases in Housing Court, how do I find out when and where the cases are being heard?

2) Where can I research previous cases and decisions for cases in Manhattan?

3) Can someone explain an Order to Produce Documents and when it is presented in a case?

4) Are there any organizations that hold free seminars about Housing Laws or which answer questions about Housing Court Procedures?

5) How do I get transcripts of my previous appearances in Housing Court and copies of previous Stipulations?

6) Is there a simple recourse for the Tenant when the LL doesn't comply with the terms of a Stipulation?

7) Is there a Law Library in Manhattan that allows non-Attorneys or law students to do research?

Thank you again.

[luckyredpr]

If I file an Order to Show Cause and my rent is not in arrears at the time I go to court, can the LL still try to have me evicted?

[cardinalfang]

1) If I want to observe trial cases in Housing Court, how do I find out when and where the cases are being heard?

You can locate the trial parts on the New York County assignment sheet: http://www.nycourts.gov/courts/nyc/hous ... ents.shtml and then go to those courtrooms and see if trials are being held.

2) Where can I research previous cases and decisions for cases in Manhattan?

You should probably start at the Public Access Law Library (see below). As a starting point for researching housing law decisions, I recommend using one of the following treatises:
Andrew Scherer, Residential Landlord-Tenant Law in New York
Daniel Finkelstein and Lucas A. Ferrara, Landlord and Tenant Practice in New York

Scherer's book is available in the Public Access Law Libraries and at the NYPL Science, Industry, and Business Library at Madison Avenue & 34th Street.

3) Can someone explain an Order to Produce Documents and when it is presented in a case?

It's not clear if you are referring to an order that you want the court to issue or one that you need to oppose or respond to. Please elaborate.

4) Are there any organizations that hold free seminars about Housing Laws or which answer questions about Housing Court Procedures?

The Civil Court periodically holds seminars, announced here: http://www.nycourts.gov/courts/nyc/hous ... l#seminars and archived on video here: http://www.nycourts.gov/courts/nyc/housing/videos.shtml

The City-Wide Task Force on Housing Court ( http://www.cwtfhc.org/ ) holds an annual seminar series (underway now through early May) and their next annual conference, including informational seminars, is on April 18.

5) How do I get transcripts of my previous appearances in Housing Court and copies of previous Stipulations?

The procedure for obtaining audio recordings and transcripts is described here: http://www.nycourts.gov/courts/nyc/hous ... #obtaining

For copies of stipulations, go to the L&T clerk's office and requisition the file(s).

6) Is there a simple recourse for the Tenant when the LL doesn't comply with the terms of a Stipulation?

Usually the remedy is to make a motion returnable in the part where the case was last on the calendar for the relief desired, which will vary depending on the nature of the breach.

7) Is there a Law Library in Manhattan that allows non-Attorneys or law students to do research?

Yes, the New York County Public Access Law Library is located at 80 Centre Street, Room 468, and is open M-F 9:30-4:30. There are other public law libraries in the city -- see http://www.nycourts.gov/lawlibraries/publicaccess.shtml . These libraries also provide a document delivery service for specific materials: http://www.nycourts.gov/lawlibraries/do ... vice.shtml

[luckyredpr]

Cardinalfang,

Thank you for your clear answers and all of the great links. This is incredibly helpful.

Regarding your question about:

3) Can someone explain an Order to Produce Documents and when it is presented in a case?

If there are documents in the LL's possession which would help my case, would it be appropriate to present an Order to Produce Documents and if so, at what point during the proceedings?

Regarding your answer to #6:

Usually the remedy is to make a motion returnable in the part where the case was last on the calendar for the relief desired, which will vary depending on the nature of the breach.

What does it mean "to make a motion returnable"?

Thank you again.

[cardinalfang]

I recommend that pro se tenants go to the Resource Center for help preparing any motion.

There is extensive information and forms available on the Civil/Housing Court website explaining how to make a motion, however.

A page on the Civil Court website explains the procedure in non-L&T Civil Court cases, which differs only slightly from the procedure in a residential L&T case: http://www.nycourts.gov/courts/nyc/civil/motions.shtml

I suggest you read that page before reading the following about the differences in motion practice in a summary proceeding.

Motion practice in a summary proceeding differs principally in the timing of service and the place where the motion is noticed to be heard.


Timing

If the petition in a summary proceeding is already on the calendar, the law does not require that a motion be made (i.e., served) a certain number of days in advance. Instead, CPLR 406 provides, "Motions in a special proceeding, made before the time at which the petition is noticed to be heard, shall be noticed to be heard at that time." This means that a notice of motion must specify the date & time when the case is on the calendar, and must be served before that time. (Of course, the notice of motion must be filed in the Clerk's office in order to get on the calendar.)

In a nonpayment proceeding, however, the petition does not get put on the calendar for the first time until the respondent answers or makes a pre-answer motion. Answering the petition leaves the calendaring of the return date up to the clerk; making a motion gives the respondent the ability to select the return date. If the respondent makes a motion and picks a return date that the petitioner feels is too far off, the petitioner could seek to have the return date accelerated by asking a judge to sign an order to show cause. If the specified return date is 21 days after the notice of motion is served by mail, that should be considered reasonable since it conforms to the timeframe called for by CPLR 2214.

Where returnable

A motion in a summary proceeding should be noticed to be heard in the Resolution Part where the case has been assigned. If the case has been sent out to a Trial Part, a motion should be noticed to be heard in that part.

Note that in a nonpayment case, no part is assigned until the tenant answers or makes a pre-answer motion. There is a court directive explaining that a pre-answer motion in a nonpayment proceeding is to be made returnable at the Clerk's Office, Room [__], [court address]: http://www.nycourts.gov/courts/nyc/hous ... drp167.pdf

Motion forms

Civil Court Notice of Motion form: http://www.nycourts.gov/courts/nyc/civi ... motion.pdf
Affidavit in Support form: http://www.nycourts.gov/courts/nyc/civi ... upport.pdf
Affidavit of Service by Mail form: http://www.nycourts.gov/courts/nyc/civi ... ByMail.pdf

All of these forms can be filled out on-screen and printed out for signing, service, and filing. When using Civil Court forms in an eviction case, you may need to change "plaintiff" to "petitioner" and "defendant" to "respondent."

Order to show cause

An alternative way of "bringing on" a motion is by an "order to show cause," often referred to as an "OSC." An OSC serves the same purpose as a Notice of Motion but is issued by a judge upon a party's request. The purpose(s) of using an OSC is either to get authorization to notify (i.e. serve) the other party in a different manner or within a different time period than would normally apply to a motion made "on notice" (i.e. by Notice of Motion) and/or to get immediate, temporary relief of some sort from the judge issuing the OSC (e.g., a stay of an eviction).

The Housing Court web page on orders to show cause is here:
http://www.nycourts.gov/courts/nyc/housing/osc.shtml

Forms for a pro se order to show cause are here: http://www.nycourts.gov/courts/nyc/hous ... ml#motions

[cardinalfang]

Regarding your question about:

3) Can someone explain an Order to Produce Documents and when it is presented in a case?

If there are documents in the LL's possession which would help my case, would it be appropriate to present an Order to Produce Documents and if so, at what point during the proceedings?

There are different kinds of orders or notices that can be used to get documents for use in a court proceeding. For documents that you want someone to produce at trial, you can use a "subpoena duces tecum" signed by a judge or your attorney. See this page for basic information on subpoenas: http://www.nycourts.gov/courts/nyc/hous ... enas.shtml Also, note that a trial subpoena directed at a party or a person under a party's control can now (since 1/1/2008) be served on the party's attorney of record, rather than having to be served on that person like a summons.

An alternative device for obtaining documents in the adversary's possession for use at trial is a "notice to produce." This device is authorized by case law, not by statute. Siegel's New York Practice states, "By the use of this notice, which is only a paper served by one attorney on an opposing attorney a reasonable time in advance of the trial, the recipient can be made to produce designated books and documents. This notice is bound up with the best evidence rule: its violation precludes the served party from using the items in evidence while permitting the serving party to introduce secondary evidence of them."

In the pre-trial stage of the litigation, a party can seek "disclosure," more commonly referred to as "discovery," which can include production of relevant documents, written interrogatories, oral depositions, and other disclosure methods prescribed in the CPLR. In summary proceedings and other special proceedings governed by CPLR article 4, disclosure can be obtained only by court order. So if a party wants to see a relevant document in the possession of another party or a non-party before the trial, a motion for leave to conduct disclosure must be made, or the parties can submit a discovery stipulation to the judge to be "so-ordered."

It is highly advisable to get assistance from a lawyer (try the Resource Center) if you want to make a motion to get discovery of documents or obtain documents by subpoena for trial. It may also be a good idea to ask the other side first if they will voluntarily provide a copy of the document in question.