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This page has been updated because of the Housing Stability and Tenant Protection Act of 2019.


Landlord-Tenant Basics Inside NYC

Types of Cases Heard in Housing Court

In New York City, Housing Court hears and decides cases between residential Landlords and tenants. In Housing Court, a landlord or a tenant may start a case. The Petitioner starts the case. The Respondent is the person the case is started against.

The type of case that you may start in Housing Court is based upon whether you are the landlord or the tenant and the specific facts of your case. On this page is a description of each type of Housing Court case and the basic steps the case may have if it goes to trial.

 

Cases Landlords May Start:

  • A nonpayment proceeding is a court case started by a landlord/owner to collect unpaid rent. If the rent is not paid this type of court case can be started to evict the tenant. The petitioner can only ask for rent, they may not ask for fees, charges or other penalties. 
  • A holdover proceeding is a court case started by a landlord/owner to evict a tenant or occupant who is refusing to leave or give back possession of the premises or property. A holdover proceeding is more complicated than a nonpayment case and can be started for different reasons. Some reasons include, violating the lease agreement, becoming a nuisance to other tenants, or staying after the lease has ended.
    • A licensee holdover proceeding is a court case started by a landlord/owner/person entitled to possession to get back control of the property from a person that they did not rent to. A licensee is someone who was given permission, by the tenant or occupant, to stay in a home without the permission of the landlord and without paying rent.

    Note: If someone has lived in a home for at least 30 days (with or without a lease), you can’t change the locks and throw the tenant out without going to court. This is called an illegal eviction and is a misdemeanor.

    Cases Tenants May Start:

    • HP case (Housing Part case) may be started by a tenant in the Housing Part of the Civil Court to ask for repairs and the enforcement of housing standards. If you have conditions or violations in your home which need to be repaired, including lack of heat and hot water or lack of other services, or have other emergency conditions, you may begin a proceeding against your landlord to force the landlord to make repairs and correct the building violations.
    • An illegal lockout happens when the landlord or another occupant unlawfully stops the tenant from entering the apartment. If you have legally occupied an apartment for at least 30 days (with or without a lease), you may not be evicted or prevented from entering the apartment without a court order awarding a judgment of possession and warrant of eviction against you. A judgment of possession gives the landlord the right to occupy the apartment. A warrant of eviction describes the property/home and allows a marshal or sheriff to remove the occupants and give possession to another. An illegal lockout is a violation of the "illegal eviction law" and is a misdemeanor.
    • A tenant may begin a licensee holdover proceeding to take possession of the apartment/home or evict a guest when a guest has been in the apartment for more than 30 days and is refusing to leave. A licensee is someone that the tenant has invited to live in the home without permission of the landlord and does not pay rent.
    • A Harassment proceeding may be started if your landlord/owner is trying to force you to move out because you have made prior complaints against the Landlord or because you have participated in activities of a tenant organization and you live in an apartment with three apartments or more, and your building is not a government building.
    • A Roommate Holdover is a case that is started to make a roommate leave the apartment or house that you share. A roommate is someone who has agreed to pay you rent. You cannot lock your roommate out of the home you share without a court order.
    • Article 7A (RPAPL) proceeding may be started if an entire building has serious problems, such as no heat, electricity, or hot water, or a lack of basic maintenance or services. At least one-third of all tenants in the building are needed to start an Article 7A case. For general questions you can contact the NYC Department of Housing Preservation & Development (DHPD) at (212) 863-6300.

    Steps in A Landlord-Tenant Case

    If the petitioner and respondent in a landlord-tenant case cannot agree on how to solve their case, it will go to trial. The basic steps in landlord-tenant cases are described on this page.

    1. Before the Case is Started
      In most cases, the law says that the tenant or the person living in the home must be given notice before the landlord can start a court case. The type of notice given depends on the type of case. The notice must be given to the tenant or the person living in the home, the way the law requires.
      • The notice gives the tenant or person living in the home the chance:
        1. To pay rent owed; or
        2. To fix the problem or condition; or
        3. To move out of the home by a certain date.
    2. Starting a Case
      The case starts when papers called a Notice of Petition and Petition are filed in Housing Court. The Notice of Petition tells the tenant or person living in the home, that a case has been started against them and tells them when and where to come to Court. The Petition also tells the tenant that an Answer to the Petition must be filed and how to file the Answer. The Petition explains the reason that the landlord wants to evict the tenant or other person(s) in the home.
    3. Preparing for Court
      In a landlord-tenant case there is no period of time, for the parties to exchange information to prepare for their case. Before the first court date, both sides should find the papers they may need, like the lease, notices, rent receipts, building inspection reports, and the deed. Find and prepare any witnesses.

      The respondent must Answer the Petition and tell the Court any defenses they may have to the case. Learn more about Answering the Case and Common Defenses.

      If the respondent does not file an Answer and does not appear in Court, the petitioner may be entitled to a Default Judgment.
    4. Going to Court
      You must arrive to court on time and bring the paperwork that you have prepared to support your case. If you are appearing in person at Housing Court, give yourself time to get into the courthouse, go through the metal detectors, and locate the correct courtroom. If you are appearing remotely using Microsoft Teams, join the meeting link provided a few moments early to make sure that your video and microphone are working.

      Use the Court Locator box on this page to find the address and other useful information for the court you are scheduled to appear at.

      If you are in court for an HP (Housing Part) case, you will go to the HP Part. The HP only hears cases brought by tenants or by New York City to enforce laws requiring repairs in residential buildings.

      All other cases are first assigned to a Resolution Part. The Resolution Part gives the landlord and tenant the chance to talk about their difference in front of a Judge or Court Attorney to see if an agreement can be reached and the case can be settled.
    5. Trial
      If the landlord and tenant cannot reach an agreement when they are in the Resolution Part, and if the case is ready for trial it will be assigned to a Trial Part. Bring original or certified copies of the paperwork that you have prepared to support your case with you to your trial. The Judge in the trial part will listen to the evidence each side presents and decide the case. The side that wins will get a judgment from the court.
    6. Eviction
      If you are a landlord and you win a judgment in court, you must find a marshal or sheriff to complete the eviction process. The New York City Department of Investigation keeps a list of New York City marshals.

      The Warrant of Eviction is the paper that permits the actual eviction. The Warrant describes the home/property and directs the City Marshall/Sheriff to remove all persons from the home/property.

      Before the actual eviction, the marshal must give the tenant a Notice of Eviction to let them know that they will be evicted in a few days.

    If you need to go back to court to ask the Judge to do something you may file an Order to Show Cause (OSC). An Order to Show Cause is a written request to the court to ask for some relief or action. It is used to bring something to the court’s attention quickly and can be used to ask the court to stop what is happening until the court date. It is a quick way to make a motion.

     

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