Suggested Topics
Suggested Terms
For Tenants
For Landlords

Termination proceedings

the administration hearing that NYCHA brings against you to decide if you can be evicted.


4 Tips relating to "Termination proceedings"

A

a lower amount of back rent that must be paid in a nonpayment case because the landlord failed to repair the apartment.
the hearing is rescheduled.
city agency that provides services for physically or mentally impaired adults.
a written statement of fact voluntarily provided under oath.
sworn document stating when, how and to whom court documents were served.
a form that either party can file requesting a change of court date.
a statement or claim by one side for which there is no proof or evidence.
the judge makes sure the parties understand the stipulation.
to alter or change by adding, subtracting, or substituting.
Statement to the court about your defenses and counterclaims. It can be written or oral. An answer in a nonpayment case will include a date, time and location for a hearing.
An application by an unsuccessful party to a higher court to review a final decision on the ground that it was an erroneous application of law.
adult protective services
upaid back rent
a proceeding to challenge the decision of a state agency.

B

Same definition as arrears
court records that landlords to deny apartments to tenants who were sued in court.
a written accounting of how the rent arrears are calculated.

C

the cases scheduled for the day in a courtroom.
private nonprofit organizations that help tenants with emergency back rent payments.
repeatedly missing rent payments or paying rent late.
a demand for money, property or enforcement.
a court employee responsible for organizing court documents and files.
negotiating a case in the presence of the court attorney.
to agree to something without having a formal trial. Be careful with the word consent, it can mean you are agreeing to give up a right.
an order that was agreed to by both parties.
the papers are either taped to or slid under your door and mailed to you by certified and regular mail.
when the landlord deliberately stops providing essential services or damages the apartment in order to force you to move out. This can include removing appliances, tampering with locks or cutting of gas and electric.
disobedience or disregard for the court order.
a claim by a respondent opposing the claim of the petitioner and seeking some additional relief.
lawyer that works for the court or the judge. Every judge has a court attorney to help run the courtroom and the Help Center has court attorneys available to answers questions.
decision from the judge.
the typical course of a housing court case.
an official report of your financial history. It will include any judgments against you. It is produced by Experian, Equifax, and Transunion.
rent that becomes due during a court case.
hotline for NYCHA public housing residents to report emergencies and schedule repairs. They also have walk-in centers.

D

the resolution of the case by the judge. it may contain a judgment.
fail to follow an order of the court. You may default if you do not pay rent by the deadline or appear at the scheduled hearing date on time.
a reason or reasons why the other side should not win the court case. a reason you do not owe or did not pay some or all of the rent in a nonpayment case or why you shouldn't have to move in a holdover case.
Homes and Community Renewal. State agency that enforces rent regulation laws and protects the rights of tenants facing landlord harassment and overcharges.
the case is ended or abandoned.
the end of a court case when the judge decides that the petitioner's case is finished or the petitioner does not have grounds for a case.
the Department of Social Services. public assistance. welfare. also known as HRA or the Human Resources Administration.

E

the marshal removes you and your things from the apartment and changes the apartment locks.
The official notice that the marshal sends you before evicting you. Also known as a marshal's notice.
proof. documents that support your claim.
to carry out the terms of a court order.

F

a form asking the court to not make you pay the cost of filing a case.
family eviction prevention supplement. a program that pays back rent and a higher shelter allowance for families with minor children on public assistance.
a final judgment is a monetary and possessory judgment.
without delay, immediately. A stipulation may say “warrant may issue forthwith. Execution of eviction stayed through and including (date).” The warrant is issued by the court to move forward on an eviction. However, the forthwith language allows the Marshal to move forward on an eviction after a payment due date, without having to go back into court to apply for the warrant.
household income enough to pay the rent going forward.
rent that is due now and going forward.

G

a guardian appointed by the court to protect the litigant's interests.

H

conduct by the landlord with the intention of causing you to vacate the apartment.
a legal proceeding in front of a judge or hearing officer.
a daily list of the temperature in your apartment and outside. This is helpful to prove that your landlord is not providing heat.
An office in every court with resources and information for unrepresented people.
a case that a landlord brings against a tenant to remove the tenant from the apartment.
a case that a landlord brings against a tenant to remove the tenant from the apartment.
a case that a tenant brings against the landlord to force him or her to repair the apartment.
the Department of Housing Preservation and Development. the city agency responsible for code enforcement.
Human Resources Administration. public assistance. welfare. also known as DSS or the department of social services.

I

being evicted by someone other than a marshal or sheriff.
the number that identifies your court case.
a hearing to determine if court procedures were followed in an eviction case when the tenant does not appear.
court or city staff visit the apartment to confirm the violations you reported.
a written report, made by city or court staff, of the violations in your apartment. It can be used as evidence in court.
a court employee that will repeat what is said in a proceeding in your language and will repeat in English what you say.

J

a public assistance neighborhood office.
a decision by the court. In housing court a judgment can be for money or for possession or both.

L

a defense in a nonpayment case. Also know as stale rent. The landlord is suing you for rent from a long time ago; he or she never asked you to pay it before; and by waiting so long to sue you, you will have difficulty proving your case or paying the back rent due.
owner of the property.
a written rental agreement between a landlord and a tenant.
suggestion about how to proceed with your court case. Legal advice should only be given by a lawyer.
money that the landlord claims you owe him or her for the cost of hiring a lawyer and starting a court case.
an occupant you let live in the apartment without a rental agreement.

M

individual appointed by the mayor to enforce civil judgments. Not an employee of the city.
money that the landlord claims you owe him for the cost of hiring a marshal to evict you.
the official eviction notice that the marshal sends you before evicting you.
a decision by the court that you owe the landlord money. Also known as a money judgment.
a decision by the court that you owe the landlord money. Also known as a monetary judgment.
a tenant without a written lease.
a request to the court for some action. An order to show cause is a type of motion.

N

to discuss the case with the other side and try to agree about how it will be resolved.
a sworn statement from the landlord that he or she investigated and found that the tenant is not in military service or dependent on someone in military service.
a case that a landlord brings against a tenant for back rent.
New York City Housing Authority

O

a public assistance program that pays rent arrears if you can prove that you can pay the current and future rent.
the decision of the judge. It may contain a judgment.
a motion to the court to reopen the case.
tenants working together to fight their bad landlord. This is a very effective tool to gain repairs and fight harassment.
see order to show cause.

P

courtroom
the court papers are handed to you by a process server or someone who is not part of the case.
a court document filed to start a court case. It will have a reason for starting the case and other information about the case and the apartment.
the party that brings the court case, usually the landlord.
a type of eviction where the marshal removes you from the apartment but leaves your belongings inside.
a decision that the landlord has the right to evict you from the apartment. Also known as a judgment for possession.
after eviction
after eviction
a notice sent before a court cases is filed warning them.
someone who has a lease or rental agreement with the landlord.
a list of payments that public assistance paid to your landlord on your behalf. Also known as a breakdown.
a stipulation which includes an agreement to do or not do something. It may require payments to be made on time or for you to stop doing something that the landlord finds disruptive.
a person who delivers court documents. Anyone serving more than 5 court documents must be licensed.
documents or evidence that supports your claim.
welfare. benefits available for low income people. may be one time assistance or ongoing assistance.
public assistance
New York City Housing Authority or NYCHA

Q

R

to serve the court papers again. Sometimes the marshal must re-serve the marshal's notice and sometimes he doesn't have to.
rent that is owed for previous months and should have been paid.
a print out of DHCR records of rent increases for a specific apartment.
rent stabilized or rent controlled apartment.
the most common type of apartment regulation. A set of laws that provides rights for tenants.
things that need to be fixed in the apartment.
set aside for future consideration. A landlord can reserve his or her right to fees. This means he or she can try to collect this money in the future.
all housing court cases are first assigned to resolution part. in this courtroom, the judge wants you and the landlord to negotiate and try to agree to settle the case.
the party being brought to court, usually the tenant.
a person living in the apartment who is not a family member of the primary tenant and is not on the lease.

S

a document from the landlord stating that the judgment was paid. It may be filed with in the court file and can be submitted to the credit bureaus to show that the judgment was paid.
the judgment has been paid.
deliver court papers. Court papers must be served in a specific way.
to reach an agreement.
to remove the issues from this proceeding. A landlord can sever his or her claim to fees. He will have to bring a new proceeding for any severed money.
civil law enforcement officer. may perform evictions.
an occupant who never had permission to be in the apartment.
delay or stop a court order or judgment.
a written agreement about how the case will be settled.
stipulation. stip.
when the prime tenant rents the apartment to someone else.
a court order to a person or agency to testify or provide documents.
ongoing assistance with rent payments.
the papers are handed to an adult who lives or works in your home and mailed to you by certified and regular mail.
the tenant of the prime tenant. a person that pays rent to the prime tenant and has a lease agreement.
to start a court case against some person or company.

T

someone with a lease agreement who pays rent.
the prime tenant. the tenant listed on the lease.
a report about you produced by a private company that includes information from housing court.
the administration hearing that NYCHA brings against you to decide if you can be evicted.
parts or conditions of a settlement or court order.
a person that agrees to help make the monthly rent payments on your behalf. Public assistance requires a third party if you cannot prove that you can pay the current and future rent on your own.
a hearing with a judge for both sides to present evidence for the judge to make a decision or order.
the courtroom where a judge will hear a trial. It may be the same room as the resolution part or it may be a new courtroom.

U

action or behavior that the landlord deems inappropriate or disruptive. can be grounds for eviction.
an apartment in a private home or other apartment that is not subject to rent regulation.
payments to the landlord for the tenant to continue living in the apartment after the court has decided that the tenant must leave. Usually the same amount as rent.

V

vacate a judgement: cancel a court order or judgment. or vacate the premises: moving out of and giving up the apartment.
cancelling a judgment or order
verified conditions which need repair.

W

voluntarily give up a right or claim.
a written order from a judge allowing the marshal to evict you.
a final action. A case can be dismissed with prejudice which will mean that the petitioner cannot start a new case for the same reason.
to voluntarily cancel a claim or motion.
without losing or giving up any rights or privileges. A case can be dismissed without prejudice which will allow the petitioner to bring a new case for the same reason.