Stipulations in� Housing Court

Trainer: Elizabeth Maris, Part of the Solution

Housing Court Answers Workshop

January 30, 2026

emaris@potsbronx.org

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Housing court: What Is It?

Landlords are not allowed to take back an apartment without court process – Housing Court is where landlords and tenants can file cases and raise claims against each other to try to resolve issues or disagreements about an apartment such as:

• Rent arrears
• Repairs
• Who has the right to keep an apartment

The court papers should tell the tenant what the case is about

Court paper: information (cont’d):

Court papers (cont’d): Holdover

Sample Petition/ Notice of petition: What is the Landlord Seeking?�Money and the right to eviction

“WHEREFORE Petitioner requests a final judgment against respondents(s) for the rent demanded therein, awarding possession of the premises to the petitioner landlord, and directing the issuance of a warrant to remove respondent(s) from possession of the premises together with the costs and disbursements of this proceeding.”

Sample stipulation:

What is a stipulation?

A stipulation is an agreement that settles a court case

Stipulations are needed for courts to function

A good stipulation should be acceptable to both sides of a case

If a stipulation contains a promise, the promise should be

reasonable and likely to be met

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Housing Court Answers stipulation tips:

• A stipulation, or stip, is a written document describing what you agree to. It’s official so don’t sign it unless you understand it.�The stip may include things like:
• How much you owe
• Include a breakdown of the back rent showing the fees.
• When you have to pay
• The deadlines for paying current rent and back rent.
• Your Demands
• For example, repairs you need.
• Consequences!
• What happens if you or your landlord don’t do what was agreed upon. Watch out for a final judgment and warrant.

https://housingcourtanswers.org/what-is-a-stipulation/

Before signing a stipulation, you should know:

• The type of case you are in court for
• nonpayment, holdover, other
• What the landlord is seeking in the case - $ and eviction
• judgment for rent and/or possession of apartment
• What defenses you have to the case/ what you are seeking
• payment, repairs, financial hardship during the pandemic, other

Before signing a stipulation you should know(cont’d)

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• Can you get a lawyer before settling?
• most tenants facing possible eviction are eligible for a free lawyer, depending on capacity
• Do you have all the information you need to settle?
• Bring your rent payment records, pictures and other proof of conditions or defenses
• Calculate what you owe and do not settle for an amount that is not accurate
• Consider requesting a subpoena if needed if you receive government assistance with your rent and if there are any missing payments or you are unsure of your rent share

Before signing a stipulation … (cont’d):

• Is the stipulation reasonable under the circumstances?
• Are the promises you are making fair and legal
• Do you expect to be able to comply with the stipulation?
• Are the amounts and deadlines reasonable
• What consequences will you face if you do not comply?
• Will the landlord have to bring you back to court (no judgment) or will you be doing an Order to show cause to try to avoid eviction (judgment and warrant)?

If you are not sure if a stipulation is reasonable you can ask for changes to the agreement. �You can also ask for another court date (“adjournment”) �to try to get a lawyer or to review the agreement before signing�

Remember: you do not have to settle

• You have just as much power as the landlord in the case and in settlement discussions
• You can ask for help from court personnel such as the judge, judge’s court attorney, or court interpreter
• No one can force you to agree
• Once you agree, the agreement you sign is binding and you will face consequences such as possible eviction and having to pay the landlord if you are unable to meet the deadlines in the stipulation

What is the best type of stipulation?

Best stipulations (cont’d)

What other types of stipulations might I be offered?

Other stipulations (cont’d)

What If I Am Back in Court and Offered Another Stipulation?

• After your case is settled the first time, you may be back in court again, either at your landlord’s motion or yours
• If you are back in court, the same rules apply to stipulations, but it gets harder to get more favorable terms
• You should continue to try to make sure any agreement you make is reasonable and that you expect to be able to comply with it
• If the agreement is not reasonable, you can ask for help from the judge or court attorney
• You may also seek advice so that you can predict if the agreement is a better risk than asking for a decision or order from the judge

Stipulation granting landlord motion for judgment

Stipulation granting tenant’s Order to show cause

After your rent arrears are paid you should seek a discontinuance vacating any judgment and warrant

Discontinuance (cont’d)

Hypotheticals/ Questions?

Elizabeth Maris

emaris@potsbronx.org