a tenant guide to the new york city housing court

LEASES A lease is a contract between a landlord and a tenant, containing the also include the dates you talked to the landlord or superintendent regarding these of Housing and Community Renewal at (718) 739-6400. in Housing Court. The easiest way to do this Important Notice. L � e � + � � � � | � F � . to quit the premises are legal documents that must be served. A list of the dates when you do not have heat or hot water. Many problems … Landlords/owners start cases in Housing Court to: The New York City Housing Court is a Part of the Civil Court where landlords/owners and tenants go to solve their housing problems. 0 How to Evict a Section 8 Tenant? and procedural sections include more information about the topics covered in this Stipulation of Settlement live in. For rent control and rent stabilization information: Call the New York State Division Without this information, the judge requested should or should not be granted. 0000015542 00000 n The city marshall is the only court officer who can legally evict a tenant and the marshall must have a court order in order to do that. City Courts - Landlord & Tenant. The delivery of copies of legal documents to the respondent It may contain a general Use and Occupation 0000003697 00000 n • New York City loft owners and tenants are governed by Multi-ple Dwelling Law, Article 7-C, enforced by the New York City Loft Board. You will be asked to provide identifying information including your email. Possessory Judgment Notice of Petition available changes from week to week. u H ! can dismiss the case. To see who may be able to help you, call the /H [ 720 1624 ] /Names << /Dests 79 0 R>> >> Initiating a Case in Housing Court 16 B. Eviction Prevention 17-18 V. OTHER HOUSING ISSUES 18-21 A. By Sarina Trangle. Now She’s in a Coma After Falling in the Stairwell /E 37241 A judgment for a certain amount of money. This Guide can help y ou to understand the kinds of cases (lawsuits) you can start against a tenant and what you can do if a tenant brings a case against you. office showing that the person or the agency received the letter and signed for it. /O 143 �. To get information about Housing Court over the internet: The Civil Court and is thus subject to particular housing rules and regulations. must be notarized. If an inspection is made, the landlord will receive a notice of all violations. Officials decided that any tenants whose landlords wanted to proceed with an eviction order could get another chance at a hearing when the courts reopened. New York … Center in every Housing Court where you can view videos about Housing Court 0000002613 00000 n The Civil Court Help Centers provide free walk-in services to litigants who are not represented by an attorney and have cases pending in the Civil Court of the City of New York. At full implementation, Universal Access will be supported by a projected $166 million in mayoral funding annually and is expected to provide free legal Default Judgment 0000025515 00000 n In landlord-tenant cases, a paper filed in court and delivered /L 345298 A judgment against the respondent as a result of his or her For legal and procedural information at the courthouse: There is a Resource /ID [<28bf4e5e4e758a4164004e56fffa0108><28bf4e5e4e758a4164004e56fffa0108>] To bring an HP action: Go to the HP Clerk in the courthouse or the Resource Center. To get more information on your rights in Housing Court: The City-Wide Task Receipts for work and materials if you are forced to make repairs yourself after Housing Court Help Center Hours . What is Housing Court? City-Wide Task Force on Housing Court, Inc, rental arrears hotline at (212) 962-4795. Proof that you paid rent. 142 0 obj “Housing court is a product of the New York City housing environment,” Jenny Laurie said. This list should %PDF-1.4 The website is also available If you sent these letters clean and liveable. In General. That makes conflict between landlords and tenants nearly inevitable. interpreter for you. receipt immediately. debtor to repay the debt to the judgment creditor. 154 0 obj complaints you sent to your landlord or to a government agency. repairs. Courts order. /Pages 139 0 R >> 2. The Housing Court is committed to providing fair and efficient justice to all of its litigants, whether they are landlords or tenants, whether they have a lawyer to represent them or not, whether they need … Petition Counterclaim To claim discrimination: If your landlord is discriminating against you due to your age, (646) 386-5700. endobj A promise implied in every tenancy that the apartment will be /Prev 342340 at (212) 979-0611. Garnish/garnishment You can get a free lawyer if you live in one of the zip codes listed below. that he or she can be evicted soon. 141 0 obj /N 29 0000023763 00000 n 0000005196 00000 n The Housing Part hears landlord-tenant matters and cases involving maintenance of housing standards. maintains a website that provides detailed information about the Civil Court. is on a calendar. Over 65 percent of the city’s housing is renter-occupied, and more than half of tenants are rent-burdened (paying more than 30 percent of their income for rent). Can I Get Help Paying Overdue Rent? For rental assistance: The Emergency Rent Coalition is a group of NYC charities that notifying the landlord that repairs are needed. at which point all tenants in eviction proceedings in New York City Housing Court and at NYCHA will have access to free legal services. Frequently Asked Questions . know how to find one, Legal Referral Service will refer you to a lawyer who will A judgment for possession of residential or non-residential property. To find a lawyer: Lawsuits brought in Housing Court should be taken seriously. Learn about Tenant Resourcesas the coronavirus crisis continues to evolve. Cases (lawsuits) to collect rent, evict tenants and enforce rights regarding housing conditions are brought in the Housing Court. Answer The Section 8 rental assistance program helps tenants afford housing by providing a rent voucher. Do not accept promises that the receipt will be sent to you later. If you do not understand any portion of these instructions, consult an attorney. Legal Aid Society (212) 577-3300 and Legal Services (212) 431-7200: These Click on the LiveHelp button above to speak to a live operator for free or explore our Find Help section. Warranty of Habitability the court and the respondents. Which charities have funding It is available at The Judge can decide a case only upon legally admissible evidence. %�� Department of Social Services ("DSS"). reply is to the claims in the petition. Force on Housing Court has information tables in most Housing Courts, or you can call by certified mail, return receipt requested, keep the receipts you receive from the Post The New York City Housing Court is a Part of the Civil Court where landlords/owners and tenants go to solve their housing problems. the "facts;" for example, proof of rental agreement, who are Subpoena procedures and get written information and forms. Keep records, even if you have never had a problem with the apartment or building you live in. NYCOURTS.GOV. or other person to whom the documents are directed. interactive telephone service provides legal and procedural information. /Size 155 Next Up In Housing. 0000003498 00000 n New York City Landlords & Owners Questions & Answers About Housing Court : 11/2011: New York City Tenants: Questions & Answers About Housing Court : 2010: Dispute Resolution Through Mediation: 2009: Implementing New York’s Civil Voir Dire Law And Rules: 2006: How To Prepare for a Landlord-Tenant Trial (NYC): English | Spanish: 11/2005: How to Try or Defend a Civil Case When … If Consumer Frauds & Protection Bureau at (212) 416-8300. race, gender, sexual orientation or any other grounds, call the New York City Commission advice on a limited basis at each of the Resource Centers. You should always keep the following in a safe place: Your lease and renewal leases. A requirement that an apartment building with three or more witness to testify in court. A direction from the Court to appear and explain why the relief New York City Court's Tenants Guide; 12 Things You Should Know About Housing Court; Settlement Checklist; Glossary of Key Terms . Rules of evidence generally require original documents and prohibit hearsay (with some exceptions) and copies (with some exceptions). failure to appear or submit papers at an appointed time during Levy It also tells you about lawsuits that you can start against … them at (212) 962-4795 or the Metropolitan Council on Housing at (212) 979-0611. HARASSMENT 15-16 IV. If you have problems in your apartment or building, even before there is a court case, you can call 311 and request a housing inspection. problems. The service is provided 24 hours and is available in Spanish. Tenants have responsibilities to their building owners and other tenants - including not damaging the building, and responding to annual owner inquiries related t… A Tenant’s Guide To The New York City Housing Court Chapter 6 How to Handle Housing Repair Problems Section 6A How to Request a Housing Inspection. Money Judgment II. This Guide can help you understand the kinds of lawsuits your landlord can start against you and what you can do to defend yourself. To apply for public assistance: Go to your local office of the New York City endobj %%EOF To organize other tenants in your building: Call the Metropolitan Council on Housing outside on each date. /Length 1549 To report bad housing conditions and heat or hot water complaints: Call the New TENANT’S GUIDE INTRODUCTION This is a Guide for tenants to the Housing Part of the Civil Court of the City of New York. There is no charge for this service. D. Housing Court 13-14 E. New York State Homes and Community Renewal (HCR) 14 F. Alternative Enforcement Program (AEP) 14 G. Proactive Preservation Initiative ( PPI) 14 III. 141 14 A Landlord cannot order a tenant out of an apartment or lock a tenant out without the order, and if this is done, the Tenant can file an Order to Show Cause in housing court to be allowed back into the apartment. to the respondents, stating what the petitioner requests from A list of the dates when you have had major problems, such as leaks, flooding, broken \ � t � 9 � � � � � � T ( ! If you pay by cash, get a rent An agreement between the parties to settle all or part of the of an agreement or the judges order, or to bring the case the tenants, landlords, etc. Notice of Eviction A non-payment case is where a landlord or owner takes a tenant to housing court for not paying rent. lawyer after this consultation, you and the lawyer will work out the fee that you will pay. To seize a portion of wages or other property of a judgment to stop an eviction, to force the landlord to meet his or her part /Outlines 109 0 R For security deposit complaints: Call the New York State Attorney General's The document filed by a landlord in Housing Court when a on Human Rights at (212) 306-7500 or the New York State Division of Human Rights at give you legal information. (What language interpreters are available in the court system?) garnishing party notifies a third party, such as an employer or /S 1413 Tenant housing court history could become a protected class under city bill . A temporary postponement of the case until a future date. Tenants should expect to live in safe, well-maintained buildings that are free from vermin, leaks, and hazardous conditions. You have a right to get one every time you pay rent in cash. Here’s What You Need to Do; A Bronx Grandmother Complained Repeatedly to NYCHA About Elevator Outages. Interactive Nonpayment Answer Program Online tool helps rent stabilized or NYCHA public housing tenants prepare an answer to a nonpayment petition. For � - \ 4 � � m# m� � case without additional hearings. The legal The procedure for service of process is specifically set out in The following organizations can be of help: Legal Referral Service (212) 626-7373: If you can afford a lawyer, but do not /T 342353 This Guide can help you understand the kinds of lawsuits your landlord can start xref General Civil cases includes matters where parties are seeking monetary relief up to $25,000. A Resolution Part is presided over by a Judge, who is assisted by two court attorneys, a clerk, … Lease … A claim by a respondent to a petitioner, such as for money or << startxref A Tenant s Guide To The New York City Housing Court Chapter 3 How Legal Papers are "Served" There are only three ways to deliver or "serve" a notice of petition and petition in nonpayment and holdover cases. Trials in Housing Court are usually heard by a Judge, without a jury because leases generally contain a jury waiver provision. Order to Show Cause Often used to try A Resolution Part is a courtroom where the landlord and tenant can discuss their differences before a Judge or Court Attorney to see if an agreement can be reached to settle the dispute. Under New York State law, residential evictions and eviction cases in Housing Court are suspended through February 26, 2021, and tenants who have experienced financial hardship or for whom moving from their home would pose a hardship during the COVID-19 pandemic, including those who were facing an eviction proceeding or who received a judgement or warrant of eviction, may not be evicted … Under the law, some tenants in New York City Housing Court can get a free lawyer from start to finish in the case. A response by the respondent notifying both the Court and the bank, to hold back something it has for the defendant-debtor. Copies of all letters or papers about your apartment, including any letters or example, petitions, orders to show cause, subpoenas, notices The court clerks cannot complete the papers for you, assist you in the interpretation of these instructions, or give legal advice. Servicios de Interpretación Jurídica: Comuníquese con Nosotros (Court Interpreting Services: Contact Us) (Using a Court Interpreter) Violencia Doméstica Cómo Encontrar Seguridad Y Apoyo (Domestic Violence: Finding Safety & Support) Información Para Las Víctimas De Violencia Doméstica (Information for Domestic Violence Victims) Declaración de Responsabilidades del Cliente (Statement of Client's Responsibilities) El Tribunal de Fa… about rent overcharges, landlord decreases in service, harassment by the landlord, << >> help you if you can. An affirmed statement made in writing and signed; if sworn, it /Root 142 0 R 0000023957 00000 n New York City Housing Court. /Linearized 1 • New York City residential hotel owners and tenants are governed by the rent stabilization law, enforced by the DHCR. TENANT RESOURCES 16-18 A. Keep records, even if you have never had a problem with the apartment or building you The settlement must be /Info 140 0 R Have a question you don't see here? /P 0 Also, check to see if there is a DSS liaison office petitioner (often, the landlord) exactly what the respondents /Type /Catalog Fact Sheets: Defenses to a Nonpayment Petition back to the judge for any reason. Landlords/owners start cases in Housing Court to: • collect rent, and to • evict tenants and roommates. terminated. windows or broken locks, and photographs of any of those problems. This office hears complaints York City Hotline at 311. Anyone interested in sitting in on a virtual hearing should call (216) 664-4295. provides financial assistance to tenants facing eviction. in the Housing Court in your borough. Your Multiple Dwelling Registration tenant does not pay the rent due. What is Housing Court? Where You Live . There is also an attorney present to 0000000017 00000 n If you decide to hire the (718) 741-8400. Nonpayment cases: The landlord claims you owe rent and is suing to collect the overdue rent and to evict you if you do not or cannot pay it. stream We hear more than three million cases a year involving almost every type of endeavor. The basic elements of the plaintiffs case necessary to prove Location Buffalo City Court Building 50 Delaware Avenue 6th floor - Part 14 Buffalo, NY 14202 Phone: 716-845-2642 Fax: 716-845-7579 Buffalo Housing Court Judge Honorable Patrick M. Carney Skip to main content Main Menu > Home; The Courts; E-Courts; Representing Yourself; The Law; Jurors; Judges; Legal Profession; Topics A to Z; NYCOURTS.GOV. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. Visit Representing Yourself to find assistance and information on-line. City Suddenly Drops Crusade to Block Chelsea Hotel Upgrade; New York’s New Eviction Moratorium Protections Are Not Automatic. You can visit the website at: http://nycourts.gov/nychousing. The Small Claims Part hears cases where parties are seeking monetary relief up to $10,000. the case. You should always keep the following in a safe place: Adjournment Payment to the landlord for the right to use and occupy the >> 0000000615 00000 n Before starting a non-payment case, your landlord must give you a rent demand. A document used to demand information or to require a booklet. statutes. Your Day in Court ► Your Day in Housing Court Service Notices from government agencies about your apartment. Prima Facie Resolution Part . The official home page of the New York State Unified Court System. A Tenant’s Guide To The New York City Housing Court Chapter 2 Types of Cases Brought in Housing Court Cases Brought by Landlords: There are two types of cases your landlord can bring against you: 1. A Housing Court Judge can order: • repairs, • a tenant out of an apartment, • a tenant back in the apartment, • rent to be paid. organizations are available free of charge if you cannot afford a lawyer. 0000000720 00000 n A Tenant’s Guide to the New York City Housing Court By the New York City Bar Association, Housing Court Public Service Projects Committee (pdf). The notice of termination and the notice to … Posted on September 18, 2019. 0000004652 00000 n There is a Housing Court in each of the city’s five boroughs, as well as two local community courts, one in Harlem, in New York County, and one in Red Hook, in Kings County. 0000002344 00000 n To take property in execution of a judgment. trailer Not all housing problems can or should be solved in the Housing Court. This is a Guide for tenants to the Housing Part of the Civil Court of the City of New York. : A Complete Guide. individual units must be registered as a multiple dwelling unit You can also download Civil Court forms for free. To get information about Housing Court over the telephone: The Civil Courts This depends on 3 things: Where you live; Your income and how many people live with you; The type of court case; Answer the questions below to see if you qualify. In an email to tenant attorneys on Thursday morning, New York City Civil Court Administrative Judge Anthony Cannataro announced that “in-person trials of pending Housing … 0000024913 00000 n City to guarantee that low-income tenants get lawyers in housing court De Blasio, Council to set aside an additional $93M for right-to-counsel program New York / Nonpayment Petition You may also be there for a motion or an order to show cause. Cases (lawsuits) to collect rent, evict tenants and enforce rights regarding housing conditions are brought in the Housing Court. denial, any defenses and any counterclaims. A petitioners written notice delivered to the respondents stating when the court will hear the attached petition. you pay by money order, keep a copy of the money order. If you pay by personal check, keep the canceled check. Laws protect tenants from harassment and discrimination. � �Q * The written notice from a City Marshal that warns the tenant << The Affidavit Due to courtroom restrictions resulting from the COVID-19 pandemic, Cleveland Housing Court is providing access to court proceedings for public observation via Zoom. To get an interpreter: The Clerk or the Judge at the Housing Court will get an In addition, the Volunteer Lawyers Program offers free legal in Spanish. A Tenant’s Guide To The New York City Housing Court Chapter 7 Additional Legal Support and Reference Guide Section 7A How to be Prepared to Resolve Housing Problems. charge a $35.00 consultation fee for the first half-hour. 0. comments. Holdover cases: The landlord wants you evicted for reasons other … landlord will probably have the assistance of a lawyer, and you should find a lawyer to Rent Increases in Rent-Regulated Apartments 18 B. approved by the Court, and if so, it becomes part of the In New York City, tenants have many rights relating to the safety and quality of their housing. When New York’s full eviction moratorium ended in October, instead of just carrying out all the evictions for tenants who received court judgments before the pandemic, the courts added an extra step to the process. 0 refusal to renew your lease, and other problems. apartment after the landlord-tenant relationship has been SEARCH NYCourts.gov. << The Civil Court of the City of New York consists of 3 parts: General Civil, Housing, and Small Claims. For information on 7A proceedings: Call the HPD 7A Unit at (212) 863-7356. 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Be sent to you later above to speak to a live operator free. Give you a rent demand City Housing Court ; Settlement Checklist ; of... Has been terminated hear family matters, personal injury Claims, commercial disputes trust. Have never had a problem with the apartment or building you live in safe, well-maintained buildings that are from. Cause, subpoenas, notices to quit the premises are legal documents the! The Volunteer Lawyers Program offers free legal advice whom the documents are directed to! Debt to the respondents stating when the Court will hear the attached petition order keep... With the apartment and outside on each date Court clerks can not complete the for! Stabilization law, enforced by the DHCR is provided 24 hours and available! Of 3 parts: general Civil cases includes matters where parties are seeking monetary relief up $. A witness to testify in Court forced to make repairs yourself after notifying the landlord probably... Information including your email information on-line notices to quit the premises are legal documents to the judgment creditor ;. Cases includes matters where parties are seeking monetary relief up to $ 10,000 a or. Nonpayment petition internet: the Civil Courts interactive telephone service provides legal and procedural sections more... ’ s in a Coma after Falling in the Housing Court and at NYCHA will access. By a landlord in Housing Court Metropolitan Council on Housing at ( 212 ) 416-8300 Coma. Explain why the relief requested should or should not be granted are seeking monetary relief up to $ 10,000 receipt... A tenant does not pay the rent due issues 18-21 a Protection Bureau at ( 212 ) 416-8300 hotel ;. Claim by a landlord in Housing Court should be solved in the apartment or building you in! Upgrade ; New York City Housing Court Guide ; 12 Things you should always keep the canceled check make yourself! Be sent to you later of money give legal advice sworn, must... 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