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Navigating Housing Court March 2025

Housing Court Answers

Housing Court Answers, a NYC-based nonprofit, assists unrepresented tenants and homeowners in Housing Court.

• We help unrepresented tenants and homeowners navigate Housing Court procedures and understand their rights.
• We staff Information Tables in the Bronx, Brooklyn, Manhattan and Queens Housing Courts. Open Monday through Thursday, 9am - 5pm.

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Hotline

Housing Court Answers’ hotline staff speak English, Spanish, French, and Bengali. We use interpretation services for other languages. We answer questions about Housing Court procedures, tenants’ rights, and available resources, and make referrals.

Call us! 212-962-4795

Monday-Friday

9am-5pm

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Disclaimer

• This training is a general overview of the Housing Court process; it should not be considered legal advice and I am not an attorney. Housing Court Answers does not have attorneys, nor do we control anyone’s access to attorneys.
• The information in this training applies to residential tenants in New York City.
• A person’s immigration status does not change their rights in Housing Court, nor their tenants’ rights.

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How is Housing Court working now?

The NYC Housing Court changed procedures during the COVID pandemic. Mostly back to pre-COVID systems, a few changes remain:

• Housing Court hearings are now mostly in person. The Bronx Housing Court has an initial “intake” appearance for tenants by remote video conference or by phone.
• Court can grant permission to litigants to appear remotely for those with disabilities. https://www.nycourts.gov/COURTS/nyc/civil/ada.shtml
• The court now relies on e-filing rather than paper filings, although unrepresented tenants and landlords can use paper documents.

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Housing Court online systems

• NYSCEF: the court’s e-filing system (https://iapps.courts.state.ny.us/nyscef/Login)
• ecourts: the court’s online calendar (https://iapps.courts.state.ny.us/webcivilLocal/LCMain)
• Use ecourts website to find out the date, time and place for a Housing Court hearing. Represented landlords must file cases using NYSCEF. Use NYSCEF to find case documents and important links.
• HP Actions, Illegal Lockouts and pro se filers do not have to use NYSCEF. If the tenant respondent does not consent to e-filing, all notices, etc. must be served in paper form.

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Right to Counsel for tenants

• All tenants in eviction cases are scheduled for intake as the first court date in a new Housing Court case. Tenants must attend this intake date to have a chance at legal representation.
• The RTC law covers tenant households earning 200% of the Federal Poverty Level or below, and tenants who are 60 years old or over. [About $30K for a single adult/$62K for a family of 4]
• Because of capacity problems, not all eligible tenants will get legal representation.

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Types of Cases in Housing Court

• Nonpayment: eviction cases that are filed by the landlord to collect rent.
• Holdover: eviction cases filed by the landlord to remove the tenant for some reason other than rent.
• HP Action: cases filed by tenants or HPD to get bad conditions fixed, or to stop harassment
• Illegal Lockout: cases filed by tenants, roommates, licensees, etc. who claim they have been illegally evicted in order to get back in.

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Nonpayment Cases

• Eviction cases that are filed by the landlord to collect rent.
• “You pay, you stay”: if the tenant can pay the rent money owed (with or without assistance), they can avoid eviction.
• Tenants have defenses, which are reasons why they do not owe all the rent they are being sued for.
• Examples: already paid some or all of the rent, the rent is wrong, required services were not provided, landlord is asking for Section 8 portion.

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Nonpayment Cases – the beginning

• Landlord has process server give tenant a 14-day rent demand
• Landlord files and has someone serve petition and notice of petition.
• Describes landlord, tenant
• Lists amounts owed
• Notifies tenant of the requirement to file an answer within 10 days.
• Tenant visits the clerk's office to file an answer. The answer is a list of defenses, reasons why they don’t owe some or all of the rent.

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Nonpayment Cases – the middle

• When the tenant files their answer, the court gives the tenant a date to return to court for the first appearance in an intake or resolution part (courtroom) where tenant should be screened for counsel, or should be told how screening will take place.
• Court will notify landlord of court date via ecourts or postcard.
• For most cases, tenants will be screened for free legal representation on their first appearance, and the case will be adjourned - or moved to a later date.

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Nonpayment Cases – the middle

• Warning: Do not be late!
• Each courthouse has a security line which can be long. You will go through metal detectors. Most courthouses do not allow you to bring in any food, only water.
• When you arrive at the courtroom:
• The day’s calendar will be on the wall outside the door. Find your name and number and check in with the clerk or the court officer inside the courtroom.
• Rules vary, but generally, you will sit on benches and wait for your case to be called. In most courtrooms, you cannot talk or make noise.

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Who is in the courtroom – the court staff

• Presiding over the courtroom is the judge. They are usually on an elevated bench in the center.
• Helping the judge is a court attorney. This lawyer works for the judge and might help you settle your case.
• The clerk helps keep track of the papers and the calendar and the court officer keeps order in the courtroom and helps with the calendar.

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Nonpayment Cases – possible outcomes

• In the resolution part, the case is either resolved with a voluntary stipulation (written settlement agreement) after the 2 sides talk or
• Case moves to trial part if it cannot be settled or
• Case is dismissed (landlord hasn’t done the papers or the case right) or discontinued (landlord drops the case, maybe because the tenant paid) or adjourned (moved to a later date).
• Default judgment if the tenant does not appear.

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Nonpayment Cases – stipulations

• Most calendared nonpayments are settled with a stipulation, a legally-binding agreement that describes:
• What back rent is owed, if any, and when it will be paid.
• What will happen if the rent is not paid by that date.
• What repairs will be made and on or by what date.
• Anything else the two sides agree to. Some examples are:
• Getting a new lease
• Completing any subsidy documents
• Stopping any harassment
• How the tenant can apply for help with the back rent

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Nonpayment Cases – the end

• Landlords can get judgments - either from settlement agreements or after trial or if the tenant defaults (doesn’t appear). These can be possessory judgments (the tenant can be evicted) or money judgments (just what they sound like - a judgment for rent or other items like legal fees) or both. In a nonpayment, once the money is paid, the possessory judgment goes away (“you pay, you stay”).
• Landlords can use the possessory judgment to hire a marshal and apply for a warrant. The warrant of eviction allows the marshal (or sheriff) to do the actual eviction.

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Eviction Notices

An Eviction Notice is served by a marshal or sheriff before they can force the tenant out of the apartment or room

• The notice gives the tenant 14 days to move or return to court.
• The notice will have the Earliest Eviction Date. This is the earliest date the marshal can perform the eviction.
• A tenant can do an Order to Show Cause (OSC) to stop the eviction.

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Nonpayment Cases – order to show cause

• Orders to Show Cause (OSC)
• Tenants who receive a marshal’s notice have to go to court to file an Order to Show Cause to get more time to pay or explain that they already paid, etc.
• If the judge signs the OSC, there will be another hearing (court date) to determine what relief the tenant will get. The landlord (and marshal) must be notified of the new court hearing date.

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Holdover Cases

• Eviction cases filed by landlords to get the tenant out of the apartment.
• Something other than rent is the issue.
• Tenants can raise defenses, which are reasons they should not be evicted.
• The type of housing the tenant lives in will determine their rights and the legal grounds for the case.
• Tenants who are regulated tenants (rent stabilized, NYCHA, etc.) have good cause eviction rights. So do tenants covered by the new Good Cause Eviction (GCE) law.

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Holdover Cases – Notices and Papers

A Predicate notice must be served before the start of the case.

• The type of notice depends on type of case and type of housing.
• Papers must be served on the tenant by a process server using service rules.

A Petition and Notice of Petition are papers that start the case.

• Must be served on the tenants according to the rules of service.
• For a holdover case the Notice of Petition will contain the date, time, and place of the hearing.

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Service of Court Papers

Papers used to start an eviction case must be “served” or delivered to the respondent (tenant) in one of the following ways:

• Personal delivery - handed to the tenant (not on Sundays or their religious holiday, between 6am and 10pm); 2 attempts
• Substitute delivery - handed to someone else (suitable age and discretion) in the apartment
• Conspicuous delivery - (aka “nail and mail”) left on door, mailed by cert and regular mail
• Service by process server or (if less than 5 x a year) by a friend or relative not a party to the case.
• Affidavit of service detailing service must be completed and filed with court.

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Holdover Cases – Grounds

Landlord needs a legal basis to support a holdover eviction case:

• If the apartment is unregulated, NOT covered by Good Cause Eviction (GCE) law, and the tenant has no lease, the landlord can terminate the tenancy and start a holdover case to take back the apartment.
• If the apartment is unregulated and NOT covered by GCE and the tenant DOES have a current lease, the landlord needs to have “good cause” (violation of lease, nuisance, etc.).
• If the apartment is regulated or covered by GCE, the landlord needs to have “good cause” (violation of lease, nuisance, etc.).

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Holdover Cases

In unregulated apartments when tenant has no lease or an expired lease AND the tenant is not protected by the new Good Cause Eviction law:

• Tenant is entitled to a notice of termination - 30/60/90 days depending on the length of their tenancy.
• Under 1 year = 30 days’ notice
• 1-2 years = 60 days’ notice
• 2 years and up = 90 days’ notice

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Holdover Cases - Good Cause

Tenants in rent regulated or subsidized apartments, or covered by the GCE law are protected from eviction without “good cause” (defined by law):

• Violating the lease (curable - pets, washing machines etc)
• Violating the law (selling drugs or other illegal activity)
• Nuisance behavior (hoarding, violence, fires, floods)
• Violating the rules of the program and/or rent regulation rules
• Example: not primary residence; overcharging roommate; not re-certifying
• Not paying the rent (repeatedly for subsidized/regulated)
• Other avenues in the law: landlord’s personal use, demolition of building, etc.

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Good Cause Eviction law (GCE)

The new Good Cause Eviction Law does NOT cover:

• Building with 10 or fewer apartments that are owner occupied.
• Apartments owned by “small landlords” (the landlord only owns 10 or fewer apartments in New York State)
• Apartments subject to rent stabilization, control or a federal, state or city subsidy program.
• Apartment is in condo or coop building
• Apartment is owned by a hospital, university, dorm, church, or other nonprofit.
• The rent is super high ($6K ish)
• Building was built after 2009

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Housing Part (HP) Actions

HP Actions are cases filed by tenant or by HPD for repairs. Can also be filed for harassment.

• Petitioner (tenant or HPD) is asking the court to order repairs or restoration of services.
• Cases can rely on existing violations or can ask the court to order an inspection.
• Cases usually resolved by agreement that landlord will do repairs/restore services. Can be scheduled for contempt hearings – fines possible.

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Illegal lockout

• It is illegal for a landlord to lock a tenant out of their apartment.
• Illegal lockout protections cover any occupants who have been living in the apartment for more than 30 days OR any occupants who have a lease or written permission to stay in the apartment.
• Only a marshal or sheriff, acting on a warrant of eviction, can force tenants out of their homes. A warrant can only be issued by a judge after an eviction judgment.
• Cutting off essential services, changing or removing the locks, removing the door, or removing possessions are all illegal lockouts.
• Sources of illegal lockout law

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Illegal lockout

The police can assist illegally locked out tenants regain access. The police have the power to arrest the landlord or landlord’s agent for refusing to let the tenant back in. A tenant illegally locked out can call 911 from the door of the room or apartment to get help.�OR�Tenant can file an illegal lockout case in Housing Court against landlord, agent of landlord, prime tenant, or roommate. The judge has the power to issue damages and fines.

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Other Types of Evictions

• Evictions can be performed by sheriffs resulting from ejectment actions in Civil Court, foreclosures, divorces in Supreme Court and Surrogate’s Court proceedings.
• The Supreme Courts in each borough have help centers.

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Getting Help with Back Rent & More

NYC Human Resources Administration (HRA)

• One Shot Deal will pay back rent if the tenant can show they can pay rent going forward. Requires rent breakdown and agreement to stay if paid.
• Cash Assistance is ongoing public assistance payments for shelter and other costs.
• Use ACCESSHRA to apply for public benefits, and local HRA centers.

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Getting Help with Back Rent & More

FHEPS and HomeBase

• FHEPS (Family Homelessness and Eviction Prevention Supplement) is ongoing rent assistance for families with children receiving ongoing public assistance.
• Applications happen at HRA, but management happens at HomeBase.
• CityFHEPS is primarily assistance for adults who have been in the homeless shelter in the past.
• Applications for CityFHEPS and management both happen at HomeBase
• HomeBase: a network of nonprofits in NYC neighborhoods which provides homelessness prevention services.

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Getting Help with Back Rent & More

Social Service Organizations

• Undocumented tenants can get assistance from some private charities or social service organizations, but not all.
• Organizations offering rent arrears assistance do not always require tenants to be in court, but some do.
• Organizations offering rent arrears assistance can sometimes also help with utilities or moving expenses. Usually not a ton of money.
• Call Housing Court Answers for screening and referrals at 212-962-4795.

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Getting Help in the Court

• Each county’s Housing Court has a Help Center staffed with attorneys.
• Interpreters are available to any litigant. Some languages are available on a daily basis (Spanish in 4 counties), some must be scheduled. Use Language Line with the clerks to request.
• Each county has a clerk’s office - clerks can provide basic directions and some forms.
• Housing Court Answers has information tables in each borough (except SI) and a hotline 212-962-4795.

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HCA trainings for tenants

HCA has begun a training series for tenants on the basics of Housing Court.

• Tenants have better outcomes in court when they have basic information about their cases, their rights, and available resources EARLIER.
• Weekly rotation on zoom: https://housingcourtanswers.org/ahtp/
• Schedule an in-person workshop for your clients by emailing us at SarahL@hcanswers.org and AdriyanaT@hcanswers.org.

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Call us!

Our hotline is open Monday through Friday, 9 to 5. �Call 212-962-4795

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