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Non-Payment Proceeding

NYC Housing Court Practice/Procedures

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Non-Payment Proceeding

Postby Needfastreply » Sat Apr 22, 2017 8:07 pm

Hi , Someone I know need help with N ew Y ork C ity H ousing A uth non-payment proceeding.

If the backrent is paid off before the court date, what can be done? The ideal situation would be to prevent going to settlement/trial/ judgement for possession(eviction)

Please advise!
Last edited by Needfastreply on Sun Apr 23, 2017 10:20 pm, edited 2 times in total.
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Joined: Sat Apr 22, 2017 6:34 pm

Re: Received Disposses or Eviction Proceeding for Non-paymen

Postby TenantNet » Sun Apr 23, 2017 7:39 am

First, while we can offer some general advice, it appears a proceeding has been commenced in court and you should ASAP get legal assistance, either from a private attorney if you can afford it, or from Legal services/Legal Aid. Make absolutely sure that whoever you get to represent you, that they have experience with NYCHA.

That leads to point Two. We do not have NYCHA experience. They seem to operate in their own world. While there may be similarities between NYCHA rules and buildings owned by private landlords, there are differences. We cannot give you proper advice for a NYCHA situation. See http://www.legal-aid.org/en/home.aspx

Do you have a tenant association in your building? They might be able to offer advice where you can go.

As for the green postcard, without seeing it we can't say what it is. In most court situations, the court sends tenants a postcard (but usually it is white) giving them notice that a proceeding has been commenced against them. That anticipates that landlords have not properly served the Petition to the tenants. Can you scan and upload the green card (both sides) in a PM message?

There are many guides for tenants in court, and some on this site. But we normally do not cover NYCHA situations.

Do what the postcard says, which probably tells you of the date/time of the first court appearance and your right to put in an Answer. If you have defenses, you can put those in the Answer. The Court Clerk's office has windows where tenants can put in their Answer. You can also get advice from the Pro Se Attorney in Housing Court.

Find out the status of the case using the Index Number. If there was an appearance on the 18th, and you didn't get the postcard until the 21st, then get to the court ASAP Monday morning and find out the status. If you defaulted, you might have to put in an Order to Show Cause to reopen things. Again, speak to the Clerk or the Pro Se attorney. I'd trust the attorney more than the clerk on general legal advice.

You can probably ask for a Traverse in your answer.

Remember that NYCHA is a landlord and by all accounts, just as slimy as regular landlords, so I would not trust what they say for a moment. Get anything in writing.

What you describe does not sound like a 3-day demand. But the rules for demand letters are specific. See https://www.nycourts.gov/courts/nyc/hou ... demand.pdf

Improper demand is a defense you can put into your answer.

You say the last payment was 3/29 for April. So how are you behind? If any of the rent they claim has actually been paid, then put that in your answer.

It appears that a case has already started, so just paying the rent will not stop the case. I would go to the court ASAP, find out the status, put in an answer and in the answer indicate you are willing to make all proper payments. Of course put in other defenses as well, otherwise you might waive them.

At this time I would not speak to the Housing Manager (do you mean of your building?) Chances are it's in the Legal Dept. now. I would not trust a manager. Get it in writing from the court on a "so ordered stipulation" if the agree to discontinue the case. That means a judge has signed it. Otherwise any promises of discontinuance are meaningless.

I understand that you do not want to escalate things, but do not ignore your rights either.
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