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I have a pending nonpayment case.

The court is accepting new eviction cases and scheduling hearings. If you have a case filed since June 20, 2020, you have to answer and give the court your defenses. You can call your borough courthouse, use e-file or go to the court in person. If you have a case from before the pandemic, your landlord will have to file a motion and have a hearing before they can have you evicted. All tenants who receive motions have a right to counsel. Call us to be connected with a lawyer.

How does a nonpayment case start?

What is a nonpayment case?

Your landlord can file a nonpayment case against you to claim you owe rent. The landlord is asking the court to order you to pay rent. If you don’t pay, they may...

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How does my landlord start a nonpayment case?

Your landlord must first demand the rent. Then, your landlord can file a notice of petition and petition to start the case. The papers will be served on you. The court will mail a postcard...

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How will I get court papers for a nonpayment case?

Papers must be served by personal service, substitute service, or conspicuous service. Personal service means the court papers are handed to you. Substitute service means the papers are handed to an adult who...

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What should I do when I receive the petition?

You have 10 days to answer in Housing Court from the date your petition was served. Tell the clerk your reasons or defenses why you do not owe or did not pay the...

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What are defenses in my nonpayment case?

A reason why the landlord should not get some or all of the rent demanded. You did not receive the court papers. The court papers were not served on you the right...

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How do I prepare for my court date?

Before you go to court, get your papers in order. Gather receipts and put them in order. Find papers from public assistance, Section 8 or other program that is helping you pay...

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What if I cannot answer the petition?

Only the person named in the petition or a person who is living in the apartment can answer the petition. Anyone who does not live in the apartment cannot answer. If it is...

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What will happen on my first court date?

What is a stipulation?

On your first court date, you will be encouraged to try to settle the case. You will talk to your landlord or his lawyer and try make an agreement. This conversation will...

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What happens after I go to court?

You will leave court with a stipulation or an order from the judge. Make sure the paper is signed by the judge. You will probably have a deadline to do something. you...

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What if I don’t agree to sign the stipulation?

You can ask for a conference. The court attorney will sit with you and the landlord or lawyer to mediate. The court attorney is not there to represent you.

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What will happen once I check in at my courtroom?

You will be assigned to a resolution part. You will negotiate with the landlord’s lawyer. The lawyer is not there to help you or look out for what is best for you. Be...

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What will happen on my first court date?

Arrive early, you may have to wait to go through the metal detectors. Go to your court room. You will either check in or sit and wait to be called. You can ask...

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Can I change my court date?

If you need more time to prepare, go to the hearing and ask  for an adjournment. An adjournment means that your hearing will be rescheduled.   If you cannot go to the court date,...

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What if I don’t agree to a stipulation?

If you don’t agree to a stipulation, you can also ask for a trial with a judge. A trial may be scheduled for a different date or it may be heard on...

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What is good evidence?

documents money orders applications receipts commitment letters breakdown from public assistance    

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How does a nonpayment case end?

What if I can’t pay by the deadline?

You may be able to get more time from the court. Go to court and file an order to show cause (OSC). If you do not do an OSC, you may receive...

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What if I pay everything by the deadline?

If you pay what you owe, go back to court to show the judge proof. File an order to show cause (OSC). Ask for the judgment to  be vacated or satisfied. This is...

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