Stays Before Entry of Judgment
In General
Stay for Failure to Make Repairs
Stay Based Upon Utility Shut-Off
Stay if Building Where Tenant on Public
Assistance Resides has Hazardous Violations
Stay Based Upon Change of Attorneys
Stay Based Upon DHCR Order
Any party may seek a stay of a proceeding before a judgment is entered.
A judge may stay proceedings in a case, upon terms that are just, as well as for the reasons that are discussed below.
A landlord or a tenant seeking to obtain an extension of time to comply with an order to pay money, leave the premises, make repairs, or correct mathematical errors, may make an application to the court.
In order to obtain a stay you must come to court and fill out an
Order to Show Cause. To read
more about this process click on Orders To Show
Cause. To find out where to go in your county, click on Locations
& Phone Listings.
If a judgment has already been entered in your case and you seek
a stay, click on Stays after
entry of judgment.
Stay for Failure to Make Repairs
A tenant may seek a stay of a pending nonpayment proceeding if he/she was constructively evicted, or upon proof that conditions dangerous to life, health or safety exist, as long as the condition was not caused by the tenant. A stay may also be requested if violations have been placed against the premises showing constructive eviction or dangerous conditions. (There must be proper proof that a notice or order to remove the violations has been made by the city department charged with enforcement.) Once violations have been placed, the burden of disproving the condition described by the violation is on the landlord or petitioner.
In order to obtain the stay the tenant must deposit the amount of rent due with the court. The stay may be vacated if such deposit is not made or if the conditions are repaired. During the stay, the court may direct the release of funds on deposit to pay for maintenance of the premises, repairs or utility bills.
Stay Based Upon Utility Shut-Off
A tenant residing in a multiple dwelling may seek a stay of a pending proceeding in the event that utilities are discontinued due to the landlord’s failure to pay. The stay shall remain in effect until the landlord pays the amount owed and the utilities are restored to working order.
Stay if Building Where Tenant on Public Assistance Resides has Hazardous Violations
A tenant who receives welfare may seek a stay of entry of judgment in a nonpayment proceeding if there are violations in the building for dangerous conditions. This defense is available only for violations reported by DHPD to DSS. DSS must have withheld the rent from the landlord due to the violations in order for the tenant to assert this defense.
Stay Based Upon Change of Attorneys
There is an automatic stay of a proceeding if the attorney of record of any party dies, becomes incapacitated or is removed, suspended or otherwise disabled at any time before judgment. No further proceedings can be taken against this party without permission from the court. The stay continues until thirty days after notice to appoint another attorney has been served upon the party personally or in a manner directed by the court. If at the end of the stay the party has not replaced his/her attorney, or if he/she decided to continue without an attorney, pro se, the proceedings may continue against this party.
In some cases a cause of action or a defense in a proceeding brought in Housing Court may be based upon an order issued by the DHCR. If a landlord or a tenant of a rent-stabilized or rent-controlled apartment files a complaint with the DHCR and disagrees with the resulting order issued by a District Rent Administrator, he/she may bring a Petition for Administrative Review (PAR) at the DHCR. The order may be stayed pending determination of the PAR.
The proper filing of a PAR against a DHCR order, other than an order adjusting, fixing or establishing the legal regulated rent, stays that order until the DHCR Commissioner makes a final determination. Where the DHCR order provides for an adjustment in rent, the retroactive portion of the adjustment, if any, is generally stayed, but not the prospective portion.
The DHCR Commissioner may grant or vacate a stay of its orders
under appropriate circumstances, on such terms and conditions as
the Commissioner deems appropriate.
