Central Park Gardens Tenants’ Association

EVICTION BASICS

Stellar can't evict you with a notice unless they went through a court proceeding first. It sounds like the 14-day notice you got is what Stellar has to do BEFORE taking you to court.  They can't force you to leave until a court orders it.  Whether or not a court has already ordered your eviction: 

GET A LAWYER.  You can get a list of free lawyers by clicking here. 

• Try Goddard Riverside West Side Law Project first.  Call them on THURSDAYS between 4 and 6 PM.   
• Call Housing Conservation Coordinators on MONDAYS 4 PM-6:30 PM or THURSDAYS 10 AM - 12:30 PM. (If you're 62 or older, you can also go to Project Find's Hamilton Senior Center, 114 W. 73rd St., 1:15 PM without an appointment.) 
• Call 311 and say you need a free lawyer for an eviction case.  

It is unfortunately very hard to get a free lawyer these days because so many tenants need them and there aren't enough lawyers.  Keep trying. 

HOW THE PROCESS WORKS: Housing Court Answers is a good resource for how the eviction procedure works.  Make sure to scroll down the page.  Here are some of the steps: 

1. LANDLORD DEMANDS RENT IN WRITING.  Then the landlord can file a "notice of petition and petition" to start the case.  The papers will be served on you (see below).  The court will mail you a postcard letting you know that a case was filed.

2. LANDLORD SERVES YOU COURT PAPERS ("PETITION") . The landlord must give you court papers in one of these ways: 

1. handing them to you OR
2. handing them to an adult who lives with you and mailing them to you by certified and regular mail OR
3. taping the papers to your door or sliding them under your door and mailing them to you by certified and regular mail. 

3. YOU HAVE 10 DAYS TO ANSWER IN HOUSING COURT FROM DATE PETITION IS SERVED.   

1. If you don't think you owe all the rent, tell the Housing Court clerk at 111 Centre Street, 
2. (646) 386-5500, your reasons or defenses why you do not owe or did not pay the rent.  If you don't have defenses, you will have to negotiate with Stellar's lawyers.  It's best if you have a lawyer do that directly.
3. The clerk will write your defenses on a form and give you a copy. Make sure all of your defenses are marked before you leave the window. 

4. The form the clerk gives you will have the date, time, and room number of your court date.

5. The court date is usually a week later.

4. PREPARE FOR YOUR COURT DATE. Before you go to court, get your papers in order.

1. Gather your rent payment receipts and put them in order by date.
2. Find papers from public assistance, Section 8 or other program that is helping you pay your rent.
3. If you're on SCRIE or DRIE or Section 8, make sure that the program is paying rent and that the payments have been credited.
4. Prepare the documents that prove your defenses.
5. If you have made complaints about violations in your apartment to HPD, bring your violation report and photos and proof of the violations.
6. Make copies of your documents so that you can give them to the court if necessary.
7. If you have to make any payments, you can bring them with you either as a money order or bank check to pay on your court date.

IF YOU HAVE A PENDING APPLICATION FOR HELP: 

• STATE APPLICATION: If you have an application pending with the STATE's Emergency Rental Assistance Program https://otda.ny.gov/programs/emergency-rental-assistance/ (for losses resulting from COVID-related issues), Stellar can't evict you until you have a final decision from the state.  

• CITY APPLICATION: If you have an application pending with the CITY's Housing Resources Administration, you would still have to go to court 

The Housing Court judge also can order up to a year for you to pay the rent you owe while you still live there.