CourtHelp

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


Answering a Case as A Landlord

In most Housing Court cases landlords are the people who start a case. However, when an owner, landlord, or managing agent is served with an Order to Show Cause Directing the Correction of Violations (HP Action) they must appear in court on the date and time stated in the Order to Show Cause.

If you were not able to give a written answer and the case was not resolved on the first court date, you may ask the court for time to give a written answer before the next court date.

On the first court date, the landlord will have a chance to tell the judge why the case should be dismissed.

 

Possible Defenses

When answering an Order to Show Cause to Correct Violations the landlord may use one or more of the following defenses:

  • The court papers were not given the way the law says How Legal papers are delivered. However, this defense will fail if the owner of a building with 3 or more dwellings has not properly filed a Multiple Dwelling Registration (MDR) with the Department Housing Preservation and Development DHPD) each year; or if the MDR does not have the correct information (name of new owner or managing agent).
  • That the person who filed the case has no lawful right of possession, such as a squatter.
  • The requested repairs do not violate the Housing Maintenance Code or other laws relating to housing standards.
  • Proof that the repairs were completed- if there are pictures, or receipts that show that the repairs were corrected timely, and the certificate of completion was mailed to HPD.
  • The repairs cost more than the building was worth before the building was destroyed.
  • The repairs were not completed in time due to technical difficulties.
  • Unable to obtain necessary materials, funds or labor, or gain access.
  • The work permits or a license application needed to correct the violation was denied.
  • Someone who is not an employee or agent caused the violation.

 

Settling an HP Action

Most HP conferences are mediated by an attorney from HPD. However, the judge or his or her court attorney are also available to conference the case, if necessary.

Most conferences lead to a stipulation to settle or both parties agree to have the court order the repairs be made. (A Consent Order to Correct). However, the case is resolved the days, the times, and the repairs must be specified.

After the stipulation or consent order to correct is prepared, all parties should review it. The stipulation and the consent order to correct will also be reviewed by the court attorney and finally by the judge, who will then “So Order” it.

It is also important to understand that in an HP case, the issue is maintenance of the building. Other common landlord/tenant issues, such as payment of rent or breaches of a lease will not be discussed.

 

Inspections

If there is a disagreement about the repairs, the tenant or the landlord may ask for an inspection in court. The case be will be adjourned for the inspector to visit the residence. It is important to fill out the inspection form properly so the inspector can know exactly what to look for.

 

HP Action Trials

If the tenant is successful in proving their case at trial, the judge will then enter an Order to Correct compelling the landlord to fix any open violations with certain time frames. If the Order to Correct also requires the landlord to pay civil penalties, payment is made to HPD.

 

HP Action Inquests

If the landlord does not come to court, the judge will allow the tenant to go forward with the case. This is called an inquest. At the inquest, the judge, will take testimony from the tenant, look at any evidence the tenant presents to determine if a judgment should be given against the landlord.

If the judge agrees with the evidence, the judge may enter a default Order to Correct, which will be served on the landlord by HPD, directing the repairs be made (violations be cured).

The landlord may file an Order to Show Cause to vacate the default Order to Correct and restore the case to the court’s calendar.

If violations are not removed as required, the petitioner tenant restore the case to the court’s calendar. See Post-Appearance Proceedings

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