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...
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...
You will be scheduled for an intake part the first time you are in court. If you are in an intake part, you may meet an attorney that could represent you. Be...
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...
A lot of people cannot pay rent right now. Housing Courts are open and cases are moving forward. Emergency assistance is available for tenants behind on the rent. Call us to find out more! You may also be eligible for a free attorney if you have a court case.
Private nonprofit organizations that help tenants with emergency back rent payments.
To qualify for rent arrears assistance from charities, you must meet four criteria: you must have a case in housing court or a rent demand from your landlord explain how you fell...
You must show that you have enough income to pay the future rent. You might need to increase your income (find a job, get a third party, apply for public benefits), or...
A rent program for families on public assistance with children under 18.
The Family Homelessness and Eviction Prevention Supplement (FHEPS) is ongoing assistance for families with minor children on public assistance. It pays a higher monthly shelter allowance than regular public assistance.
Read MoreFHEPS can usually only pay up to $7,000 for the arrears. Most people who owe more than $7,000 will have to apply for assistance for the remaining amount from charities or other...
One time assistance for rent arrears from public assistance to avoid eviction.
A one shot deal is a one time payment from the Human Resources Administration (HRA) to pay back rent to avoid an eviction. To qualify, you must have a source of income...
Any court papers or demand letter from your landlord Breakdown from the landlord showing the months and amount of rent you owe Recent pay stubs (6 weeks) for every member of the...
You can apply for a one shot deal even if you have had one in the past. If you had a one shot deal that you did not pay back, you may...
If your landlord wants you out of the apartment, he has to start 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.
Read MoreBefore bringing a holdover case, NYCHA usually holds a termination of tenancy hearing first to determine if they should evict you. Some NYCHA tenants are brought directly to housing court.
Rent stabilized and rent controlled tenants have many rights. The landlord must have a good reason to bring a holdover case.
If you live in a private house, a rented room, or another type of unregulated housing, and you don’t have a lease or the lease is expired, the landlord does not need to have a good reason to have you evicted. At the hearing, you and the landlord will try to come to an agreement about how much time you will get to move out and whether or not you will have to pay any money for rent, use and occupancy or arrears.
The maximum time the court can give you to move out is 1 year from the date of the judgment. You may or may not get the full year but it is...
What to expect if you are going to housing court without a lawyer.
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...
File an order to show cause (OSC) to ask the judge for a new court date.
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...
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...
A court decision. It can be for money or eviction or both.
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...
A written agreement about how the court case is settled. It is written up after a negotiation.
Check out our advocacy project on how to negotiate in housing court!
Read MoreYou 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...
Step by step what to expect if your landlord brings you to court.
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...
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.
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...
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...
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...
