NAVIGATING EVICTION FOR NONPAYMENT OF RENT IN HOUSING COURT FOR TENANT ADVOCATES
HOUSING COURT ANSWERS
What to expect from the court process
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Predicate Notices
Eviction cases in housing court are brought under Real Property and Proceedings Law (RPAPL) summary proceedings.
They require that a 14 Day Notice to Pay be served on the tenant in the same manner that the Notice of Petition and Petition are served. The notice provides the tenant 14 days to pay and avoid the eviction.
The Landlord can only file the eviction case after the 14 day notice is served and the time to pay has expired.
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Predicate Notices
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Service of Papers
Court papers, including the 14 day notice, notice of petition, and petition, must be served pursuant to RPAPL 735.
This is a pretty relaxed form of service. The process server has to make 2 genuine attempts to find the tenant at home, once inside business hours, and once outside of business hours.
If the process server doesn’t find anyone at home, then they can leave the papers at the door and follow up with mailing by regular and certified mail within 24 hours.
If you’re curious google “RPAPL 735” and read through.
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Tips on Defenses to Improper Service of Papers
Process servers often engage in bad faith tactics that are not calculated to actually notify the tenant of the court case. Often, a process server will merely drive by, click their GPS, and move on rather than trying to serve the papers properly. Or, they’ll leave the papers but won’t bother to knock and see if the tenant is at home.
If the tenant believes they were home when the process server came by, they should look in the court file on NYSCEF to see what times the process server says they came. If the service attempts were made when the tenant was home and available to come to the door, the tenant should check the box in their answer that says “I was not served the papers according to law”
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When the Case Begins
Once the 14 day notice has expired the landlord can file their eviction case. The tenant should then be served a notice of petition and petition with an index number identifying the case. The notice of petition and petition should tell them to go to the courthouse and answer within 10 days.
Petition must state whether:
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How to Answer the Proceeding
After receiving the notice of petition and petition the tenant will be given notice to answer at the courthouse within 10 days.
At the courthouse the tenant will be given an answer by form where they can check off their defenses and counterclaims such as no repairs, overcharge, and harassment.
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Form
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What to Include in an Answer
An answer should include all available defenses and counterclaims
Defenses:
Counterclaims:
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RESOURCES
If the tenant is feeling anxious or is having trouble and wants help discussing the process with an attorney or advocate:
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Getting Help With Paying Late Rent
The City may be able to help the tenant back rent through a One Shot Deal.
The tenant should go to their local Home Base office, the HRA office at the courthouse, or apply online at “access.nyc.gov”
They should be prepared to produce the following:
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First Appearance
After the tenant has answered at the courthouse they will be given a first appearance date. As of now (March 2025) first appearances in Brooklyn Housing Court are being set between 3 - 5 months from the date the tenant answers. The tenant should use this time to apply for grants of assistance (One Shot Deals), and seek help from advocates.
On the first appearance date the tenant will be given an opportunity to speak with a legal services attorney. The legal services attorney will provide the tenant with advice as to how to proceed with the case, and may be able to assist with representation. The next appearance will be adjourned out likely no earlier than 3 weeks, and no later than 6 weeks, from the first appearance date.
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Part 1: Trying to Resolve/Settle the Case
It’s important to inform the tenant that they will not go to trial right away. The first appearance is assigned to a pre-trial judge. The judge will see if the parties can find a way to settle the case without going to trial. The pre-trial judge will also hear any motions made by the parties before sending the case to a trial judge.
The tenant should be able to adjourn the case at least twice to try and obtain an attorney. However, if the landlord is offering the tenant something the tenant wants in exchange for settling the case, the tenant has that right. I strongly suggest that the tenant speak with an attorney about the terms of settlement (stipulation)before they agree to them.
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Part 2: Going to Trial
When the Pre-trial judge determines that the case is ready for trial, the judge will issue an order sending it out to be heard by a trial judge. When the trial judge receives the order, they’ll schedule a pre-trial conference giving everyone a last opportunity to settle the case. Only after that will the case be scheduled for trial.
It is highly advisable that the tenant not go to trial without an attorney representative. Trials are highly technical and are difficult to navigate without the benefit of an attorney.
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What Happens After Trial
If the judge decides that the tenant owes any portion of the rent demanded by the Landlord, the judge will issue an order directing the tenant to pay a “money judgment” and awarding the landlord a “judgment of possession.”
The tenant will be given a short period of time (usually 10 days) to pay the money. Once the money is paid in full, the award of possession to the landlord is dismissed (“vacated”). The tenant should not rely on the court knowing that the money is paid. Instead, the tenant should go back to housing court and ask the clerk for help in filing an order to show cause.
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What if the Tenant Receives a Notice of Eviction?
If the Court enters a judgment for the landlord, that may result in a marshal’s notice of eviction. If the tenant receives a notice of eviction, they should immediately go to the courthouse and ask for help in filing an Order to Show Cause. The Order, when signed by the judge, will pause the eviction until the tenant can go before the judge and say why they should not be evicted.
On the date when the order to show cause is heard the judge will want to see evidence that the tenant is trying to pay the rent, or move, and has a plan to do so. Relevant evidence might include:
It’s important to inform the tenant that even if the landlord agreed to make repairs, but hasn’t, the court may not see that as an excuse for the tenant to not pay the judgment.
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Take Action To Fight For REPAIRS and Against HARASSMENT!
If the tenant is having trouble receiving repairs - organize!
Contact your local community based tenant advocate organization and ask for help to form a tenants association.
Bring the fight to the landlord by filing lawsuits against them!
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Samuel H. Chiera
Director of Litigation
Schiera@COMMUNITIESRESIST.ORG
(917) 646 8767
Facebook: @CommunitiesResist
Instagram: @CommunitiesResist
X: @nycCORE
info@communitiesresist.org
(646) 974-8671