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For Tenants
For Landlords

What happens in court?

What to expect if you are going to housing court without a lawyer.

What will happen on my first court date?

You will be assigned to an intake part. There will be a legal service provider doing intake for representation. there will also be a court attorney. After the intake meeting, your case...

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Can I change my court date?

If you are available on your court date but need more time to prepare, ask the judge or the court attorney for an adjournment. An adjournment means that your hearing will be...

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What if I can’t make an agreement with the landlord’s lawyer?

If you cannot reach an agreement with the assistance of the judge or the court attorney, your case will be transferred to the trial part. Your trial may take place on the...

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What happens in a trial?

In a trial, both sides are expected to present their side of the case. Before you go to a trial, you should get more information about the process from the court attorney...

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Who works in the courtroom?

the judge is the one who will make the rules for the courtroom. He or she will oversee the proceedings and will make the final decision in the case. the court attorney...

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Do I need an order to show cause?

File an order to show cause (OSC) to ask the judge for a new court date.

How do I file an order to show cause?

An osc is a form. You need to give the judge a good reason why you didn’t do what you should have done and explain how you will comply going forward. Attach...

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Can I get back into the apartment after I have been evicted?

Maybe. Go to court right away. File a post eviction order to show cause. Ask for access to get your belongings. Show proof that you will have the money. Ask for access...

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Can I present new defenses that I did not already raise?

You can include new information on an order to show cause. The judge will read your osc and decide whether or not you can bring the new information up. If you learned...

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How many OSCs can I file?

You can file as many as you need. The judge will read it and look at your evidence. The judge will sign or deny it. The record shows how many OSCs you have...

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How do I serve my OSC?

If your OSC is approved, you will be given three copies: one for you, one for the landlord or attorney, and one for the marshal. The approved OSC will include: date, time,...

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What happens on my return date?

You will probably be in front of the same judge. You may have to show the judge the proof that you served the landlord or landlord’s attorney correctly. Then you will discuss...

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What can I do if my OSC is denied?

The judge will write the reason why it was denied, and the clerk will give you one copy. You can always file another OSC providing more information or documentation. Sometimes an OSC...

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What is good evidence?

documents money orders applications receipts commitment letters breakdown from public assistance    

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Judgments

A court decision. It can be for money or eviction or both.

What is a judgment?

A judgment is when the court decides you owe money or you must move out. If you consent or agree to a judgment in your stipulation and don’t pay on time, the...

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Why does a judgment matter?

A judgment allows the landlord to evict you if you do not to pay on time in a nonpayment case (or fail to move out on time in a holdover case). A...

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What is the difference between vacating and satisfying a judgment?

If you are settling your case in Housing Court and you cannot pay all the back rent you owe right away, you may consent to a judgment in order to get more...

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What if I don’t pay the judgment?

Unpaid money judgments can appear on your credit report for seven years. They can be collected for up to 20 years. This means that the landlord can garnish your salary or seize...

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What is a stipulation?

A written agreement about how the court case is settled. It is written up after a negotiation.

Tips on How to Negotiate a Stipulation

Check out our advocacy project on how to negotiate in housing court!

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What is a stipulation?

A stipulation, or stip, is a written document describing what you agree to. It’s official so don’t sign it unless you understand it. The stip may include things like: How much you...

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Should I sign a stipulation?

Before signing the stipulation, be sure that you understand all of it. Take the time to read it over carefully, you can ask for a few minutes to read it on your...

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Who writes a stipulation?

You can write the stipulation. You have the right to negotiate every word in the stipulation. Your landlord, your landlord’s lawyer, the court attorney, or the judge can write the stip. The court...

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What will a stipulation in a holdover case include?

The stipulation will depend on the reason for the holdover (what kind of case it is). “No grounds” holdover — If you have no lease and you are not rent regulated, the...

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What will a stipulation in a nonpayment case include?

Some common terms in a stipulation for a nonpayment case. Rent A breakdown, which is a clear list of how much money is owed and for which months. The due dates for...

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What is in a stipulation?

The stipulation can be entirely handwritten but some lawyers use forms that they have had printed up with terms that they want the stipulation to include. These stipulations often have terms that...

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What happens after I sign a stipulation?

The judge will go over it with you. You can ask questions. Ask about anything that you do not understand or are concerned about. This process is called allocution. It is required...

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What is the court process?

Step by step what to expect if your landlord brings you to court.

If you receive a nonpayment petition:

You need to answer. There are new COVID-related defenses. Answers can be filed by going in person to the borough housing court. It may take a long time to get inside. You...

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Tips on How to Negotiate a Stipulation

Check out our advocacy project on how to negotiate in housing court!

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What is a Holdover Case?

An eviction case your landlord can start to ask to have you removed from your apartment. Usually not just for back rent.

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How do I prepare for my court date?

Find out what the court case is about before you go for your hearing. Look at the papers you received. There should be an index number and the type of case –...

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What will happen during an eviction?

A marshal or sheriff can only evict you with permission of the court. A marshal will make all the tenants leave the apartment and change the locks.

What happens during an eviction?

The marshal will have id and presents proof of a warrant of eviction. The marshal can use force to enter the apartment if you refuse to let him in. They may do...

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If the marshal is at my apartment, do I have time to go to court?

Collect your id, wallet, medications and personal items, legal papers and small valuables. Go to court and file a post eviction OSC. The judge can order the landlord to leave your things...

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Someone who lives in my home is disabled or elderly.

Send proof to the marshal’s office. If the marshal is at the door, show proof immediately. Their office is required to notify Adult Protective Services. APS should evaluate you, this can delay...

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Can I get back into the apartment after I have been evicted?

Maybe. Go to court right away. File a post eviction order to show cause. Ask for access to get your belongings. Show proof that you will have the money. Ask for access...

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If I stopped the marshal’s notice, can they still evict me?

After you serve the order to show cause on the marshal, he or she cannot evict you until after the next court date. In the hearing, you will get a written decision....

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Who can evict me from my apartment?

A city marshal or sheriff can evict you by law. A marshal or sheriff will have a badge and knock on your door. The marshal must serve you a notice before evicting...

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When can the marshal evict me?

You must first be served with a marshal’s notice. It will include your court index number, the marshal’s name, address, and phone number and the date that the notice was served on...

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What is an illegal eviction?

When someone other than the marshal or sheriff locks you out AND you were in the apartment for more than 30 days OR you paid rent for the apartment OR had a...

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What is a constructive eviction?

When the landlord or management intentionally cuts off your heat, water, electricity, or does something else to block you from entering or using your apartment. If your landlord does this, first call...

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