Starting a Licensee Holdover Case in NYC as a Tenant

A licensee(s) is a person(s) who has permission to occupy a dwelling, house, room, apartment, or space (the premises) but does not have a written or oral agreement and has never paid rent directly to landlord or owner. Usually, a licensee is invited to reside in a dwelling by a tenant.

License, here, means permission. A person(s)’ license to occupy the premises may end at any time.

The case must be started in the county where the property is located. For example, if the property is in Brooklyn, the case must be started in Kings County Housing Court. If the property is in Manhattan, the case must be started in New York County Housing Court. Use the Court Locator box on the right to find contact information for the court.

There is a filing fee required to start the case. See Court fees.

 

Forms needed to File

1. Original 10-day Notice to Quit
2. Affidavit of Service for the 10-Day Notice to Quit
3. Notice of Petition
4. Petition (Reminder: Do not sign the papers until you are in front of a Notary Public.)

 

Getting the Forms

• Visit the Housing Court Help Center
• Buy a Notice of Petition and Petition, Service Copies, and Affidavit of Service at a legal stationery store.

 

Filing the Forms

1. After completing the Notice of Petition and Petition, make a copy.
2. Then bring the forms to the Landlord-Tenant Clerk’s Office to the cashier’s window to buy an index number.
   • Payment may be made by cash, certified check or money order payable to the "Clerk of the Civil Court." Go to Locations to find out where to go in your county. Refer to Court Fees to find out the cost of starting the case.
3. The clerk will stamp the index number on the original forms and will keep the Petition. The Notice of Petition is returned with the index number stamped on the front.
4. The tenant must choose the court date to put on the Notice of Petition. The clerk will give the tenant the courtroom number and the assigned time to put on the copies.
5. The clerk will return the Notice of Petition with the index number stamped on it with the court date.
6. You must make sure the licensee receives a copy of the Notice of Petition and Petition in the manner required by law (this is called serving the papers).

Preparing to Serve the Forms

1. When the tenant pays for the Index Number, they must choose a court date. The clerk will stamp the Index Number on the papers. The clerk will return the original Notice of Petition with the Index Number stamped on it and the court date.
2. Make a copy of the stamped Notice of Petition. Create a packet by attaching the copy of the Notice of Petition, the Petition, the Notice to Quit, and the Affidavit of Service for the 10-day Notice to Quit (the papers).
3. After making a copy of the papers. A copy of the packet must be delivered to each licensee.
   • The papers must be delivered at least ten (10) calendar days, and not more than seventeen (17) calendar days before the day selected for coming to court (For example, if the court date is August 21, 2019, the papers cannot be served earlier than August 5, 2019 or later than August 10, 2019)
   • Within three (3) days after the papers were served return to the clerk’s office to file the ORIGINAL Notice of Petition form, with the original Affidavit of Service and the postcard with a postage stamp. The Affidavit of Service with the Notice of Petition and postcard must be filed within 10 days before the court date.

 

After Serving the Forms

All parties must appear in the courtroom on the date and time given. Use the Court Locator box to find contact information for the courthouse in your county.

Arrive early to go through security before entering the courthouse.

 

What to Bring to Court

Any documents or pictures you think would help you prove your case.

Note: If the tenant wants the judge to read text messages, emails or look at pictures, bring print-outs to the court. The judge will not be able to look at them on your phone.

What happens in Court

All cases start in the Resolution Part. If an agreement cannot be reached and the case is ready for trial, it is assigned to a Trial Part to be heard on a future date.

The judge in the Trial Part will listen to all testimony, review evidence and decide the case. Visit How to Prepare for a Landlord-Tenant Trial.