Serve Housing Court Papers in NYC — Fast, Legal, Reliable

PART I — NONPAYMENT CASES

Starting a Case — In General

A nonpayment case is brought by the landlord to collect unpaid rent. A tenant may be evicted for non-payment of rent.

If you would like to watch a video on how to bring a nonpayment case in the housing court, go to Collecting Rent.

The Demand for Rent

Before the case can be started, the landlord, or someone working for the landlord, must demand the overdue rent from the tenant and warn the tenant that if the rent is not paid, the tenant can be evicted. The demand must be in writing and must be delivered to the tenant at least 14 days before the court case is started.

If you are a landlord with a one or two family house, or a building with fewer than five apartments, or own a coop or condo, the New York State Courts Access to Justice Program has a free DIY (Do-It-Yourself) computer program to help you make a written Rent Demand. Or you can buy a Rent Demand form at a legal stationery store, like Blumberg.

Starting the Case

If the tenant does not pay the rent after the demand is made, the landlord may file a nonpayment petition (sometimes called a "dispossess") against the tenant in Housing Court.

Landlords who do not have a lawyer, who own a one or two family house, or a building with fewer than five apartments, or own a coop or condo, can use the New York State Courts Access to Justice Program's free and easy DIY (Do-It-Yourself) Form program to make a nonpayment petition that is ready to print, serve and file to start a case. This program is only for unregulated housing. There is a fee to start the case.

Or, the landlord may use forms of his or her own, or may buy the following forms at a legal stationery store:

1. Petition
2. Notice of Petition
3. Service copies
4. Postcard

The nonpayment petition must contain:

1. the interest of the petitioner in the premises;
2. the interest of the respondent in the premises and his/her relationship with the petitioner;
3. a description of the premises;
4. the facts upon which the proceeding is based;
5. the relief sought.

Rules of the Court also require a petitioner to plead whether the building is a multiple dwelling, and if so, that there is a currently effective registration statement on file with the office of code enforcement, the multiple dwelling registration number along with the name and address of the managing agent. (See multiple dwelling registration for finding a building’s registration number.)

The landlord must fill out the forms (see Requirements for Nonpayment Petitions below) and make photocopies, 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. (See Locations and Court Fees.)

The clerk will stamp the index number on the original forms and will keep the Petition. The clerk will return the Notice of Petition with the index number stamped on the front. The landlord must make sure the tenant receives a copy of the Notice of Petition and the Petition in the manner required by law. (See Service of the Notice of Petition and Petition.)

After serving the papers, the landlord must bring back the original Notice of Petition with the notarized affidavit of service on the back filled out. In addition, the landlord must bring in the stamped postcard so that the court can mail it to the tenant. After the tenant answers, the court will mail a postcard to the landlord stating the date, time, and place of the court hearing. (See Answering a Case.) If the tenant does not answer, and the rent is still not paid, the landlord can apply for a default judgment based on the tenant’s failure to answer.

Requirements for a Nonpayment Petition

1. The petition must be brought by a person who has a right to recover the property. This may be a landlord, a primary tenant, a roommate who holds a lease in his or her name, an estate, etc.
2. The respondent must be identified (name the respondent; unidentified undertenants may be styled as John/Jane Does).
3. The nature of the agreement by which the respondent entered into the tenancy (lease or month-to-month), with specificity as to when it began.
4. The amount of rent to be collected and the day rent is due.
5. The location of the premises. The petition must be brought in the county where the building is located.
6. A specific allegation as to the rent due. Normally, specify the amounts due for each rental period. If other money is due (e.g., taxes as "additional rent," late or attorney fees), itemize separately and total.
7. An allegation that a written 14-day rent demand was served. Attach the written demand and, if available, its affidavit of service.
8. An allegation that the respondent continues to occupy the premises (a nonpayment proceeding may not be maintained if the respondent has left).
9. A statement whether the premises are subject to rent regulation (and which kind), or not (and why).
10. Whether the premises are a multiple dwelling; if so, provide the name and address of the managing agent and the multiple dwelling registration number.
11. A clause specifying the relief requested (residential use, amount of money judgment requested, interest date if any, request that judgment be granted and a warrant of eviction issued).
12. The petition must be signed by the petitioner.
13. The petition must be verified (by petitioner or authorized person), affirmed/sworn and notarized.

Going to Court (Nonpayment)

If you received a postcard from the court with a court date you must appear in the courtroom on that date.

• Arrive early (security screening required).
• Bring all evidence supporting your claim/defense.
• The first courtroom is the Resolution Part. (See Resolution Part to learn more.)

PART II — HOLDOVER CASES

Starting a Case — In General

A holdover case is brought to evict a tenant or a person in the apartment who is not a tenant for reasons other than simple nonpayment of rent. A holdover case is more complicated than a nonpayment case and can have many variations. Examples include: violation of lease provisions, illegal sub-occupancy, nuisance, or remaining after a lease has expired. A roommate who is named on the lease can bring a holdover proceeding to evict a roommate who is not named on the lease.

There may or may not be a landlord/tenant relationship, and the petitioner may or may not need to show a good reason why a respondent’s occupancy should be terminated. Rights may be determined by lease or other agreement, housing laws and regulations, and/or the New York State or United States Constitution. A predicate notice may or may not be required.

The information below is general; individual cases can differ. The help of a lawyer is recommended in holdover cases. (See Landlord’s Guide, Civil Court Help Center, and Help Center.)

Predicate Notices

Notices required prior to starting a holdover depend on the tenancy and grounds. They include:

• Notices to Quit
• Notices to Cure a Substantial Violation of the Lease
• Notices of Termination
• Notices of Intent Not To Renew a Lease

Examples: a 10-day Notice to Quit is for a squatter or licensee. Someone allowed to stay without paying is a licensee; a squatter is someone who entered without permission and did not pay rent. Forms can be purchased at a legal stationery store (e.g., Blumberg). Tenants seeking to remove a licensee may obtain forms/instructions from the Help Center.

Serve the appropriate predicate notice in the manner required by law. Timing varies: e.g., a 30-day notice must be served before the beginning of the next rental term; a 10-day Notice to Quit for a licensee/squatter can be served at any time. (A Small Property Owner Licensee Holdover Petition DIY Form program is available.)

Important distinction on “3-day” notices: In some commercial leases, a short lease-based termination notice (for example, 3 days) may apply, which ends the tenancy and forms the basis for a holdover case. This is a lease termination notice — not a rent demand for a nonpayment case.

Starting a Case (Holdover)

For a licensee holdover where a person remains who was invited by your tenant before your tenant moved out, you can use the Small Property Owner Licensee Holdover Petition DIY program to make court papers. For any other kind of holdover, purchase the following forms at a legal stationery store:

• Predicate Notice
• Petition
• Service Copies
• Notice of Petition
• Postcard

The holdover petition must contain:

1. the interest of the petitioner in the premises;
2. the interest of the respondent in the premises and relationship with petitioner;
3. a description of the premises;
4. the facts upon which the proceeding is based; and
5. the relief sought.

The Rules of the Court also require pleading whether the building is a multiple dwelling, and if so, that there is a currently effective registration statement on file with the office of code enforcement, and the multiple dwelling registration number with the name and address of the managing agent. (See Finding the Multiple Dwelling Registration Information.)

Bring completed forms, including the predicate notice, to the Landlord–Tenant Clerk’s Office to buy an index number (cash, certified check, or money order to Clerk of the Civil Court). (See Locations and Court Fees.)

You must choose the court date on the Notice of Petition. A clerk will give a courtroom number and assigned time to fill in. The clerk returns the Notice of Petition with the index number stamped and the date of the hearing.

Service window: Copies of the Petition and Notice of Petition must be served not less than ten (10) calendar days and not more than seventeen (17) calendar days from the court date. (See Service of the Notice of Petition and Petition.)

After serving the papers, bring back the original Notice of Petition with the notarized affidavit of service completed. Also bring the stamped postcard so the court can mail it to the tenant.

Going to Court (Holdover)

• Appear on the date/time stated on the Notice of Petition.
• Arrive early (security screening).
• Bring all supporting evidence.
• The first courtroom is the Resolution Part. (See Resolution Part or Video about the Resolution Part.)

PART III — NYC LANDLORDS & OWNERS (Q&A)

Bronx • Brooklyn • Manhattan • Queens • Staten Island
Questions & Answers About Housing Court

What is Housing Court?

The New York City Housing Court is a Part of the Civil Court where landlords/owners and tenants go to solve housing problems.

Landlords/owners start cases to:

• collect rent;
• evict tenants and roommates.

Tenants start cases to:

• get repairs;
• move back in after an eviction;
• stop harassment by the landlord/owner.

A Housing Court Judge can order: rent to be paid; a tenant out; a tenant restored; repairs; or money due to the tenant on counterclaims.

Self-represented parties are called Pro Se, Self-Represented, or Unrepresented litigants.

Fees & Interpreters

• It costs $45.00 to start a case.
• It costs $70.00 if you ask for a jury trial.
• Fees are paid by cash, certified check, money order or bank check to The Clerk of the Court.
• Ask the Clerk for a free court interpreter if needed.

There is no right to a lawyer in a Housing Court case.

If you are homebound, someone can bring papers to start a case, but cannot settle or try the case for you; consider requesting a guardian ad litem or hiring counsel.

Scheduling & Who Decides Cases

You cannot call the court to change dates. Parties may agree in writing to adjourn; otherwise, ask the Judge.

Cases are usually decided by Judges without a jury. A jury may be requested (if permitted by lease or in non-lease cases) by filing a jury demand and paying the fee before trial.

More information: www.nycourts.gov/nychousing.

If the Tenant Is Not Paying Rent (Overview)

• You can start a nonpayment case to sue for rent and seek eviction if not paid.
• You cannot start a nonpayment case if the tenant moved out; consider civil/small claims for money.
• If the home is illegal (e.g., illegal basement), you cannot recover rent in a nonpayment case; consider a holdover.
• Rent demand required: a written 14-day demand listing months/amounts (include only additional rent the lease allows).
• Section 8 tenants: special rules—read the contract.

Written rent demand: must be served at least 14 days before starting the case (check lease for a longer period if required). DIY program and forms available (including Blumberg).

Service: Must be done the right way; improper service can lead to dismissal. (See How are legal papers delivered?)

Starting a nonpayment case: Papers are Notice of Petition and Petition; tenant has 5 days to answer. DIY program available for unregulated homes. Bring notarized papers to Housing Court.

Parties: List all adults (18+) as respondents; unknowns as John/Jane Doe. Petitioner is an owner on the deed (one owner is sufficient); a subletting tenant may also be petitioner. The listed petitioner must come to court.

Venue: File in the county where the home is located.

Clerk filing: Make copies of Notice of Petition, Petition, written rent demand (if any), Affidavit of Service of the demand; pay fee; clerk will instruct on setup; then serve the tenant.

Service of court papers: Must be done properly by a non-party server. (See How are legal papers delivered?) After service and any mailings, return the original Notice of Petition and Affidavit of Service to the Clerk within 3 days of mailing/hand delivery; provide stamped postcards for the Clerk to mail to the tenant.

Court date: Tenant has 5 days after getting papers to answer; court will then send a date (usually about a week later). Bring proof. Tenant’s Answer may include defenses and counterclaims; you may answer counterclaims.

Defaults & Settlements: If tenant fails to answer/appear, you may obtain a default judgment. Most cases settle by Stipulation of Settlement ("Stip"). Bring proof: leases/renewals, rent records, improvement agreements, agency increases, deed, and multiple dwelling registration.

Inspections & abatements: Court may order inspection; serious conditions can reduce rent owed (abatement) and require repairs.

Older arrears: Very old arrears may not support eviction in nonpayment; court may award money judgment or suggest civil/small claims.

Judgment & payment: Tenant has 5 days to pay after judgment. If paid, you must file a Satisfaction of Judgment; if unpaid, seek a warrant of eviction.

Holdover Overview & Notices (Recap)

• Reasons other than rent (end of lease/no lease; breach; nuisance; illegal use; licensee/squatter).
• Pre-case notices: Notice to Cure, Notice of Termination, Notice to Quit (as applicable).
• Time in Notice of Termination: at least 7 days for weekly tenancies; at least 30 days for monthly; last day must match end of rental period.
• Accepting rent after the deadline cancels the Notice of Termination.
• Notice to Quit (10 days) for licensee/squatter.
• Starting a holdover: Notice of Petition & Petition (purchase forms; notarize; file). Parties and venue rules mirror nonpayment.

Choosing the court date: cannot be sooner than 10 days away and cannot be more than 17 days after service. Service must be proper. After service/mailings, return original Notice of Petition and Affidavit of Service to the Clerk within 3 days; provide stamped postcards.

Payments after filing: You may accept, or wait for court (use and occupancy orders possible). If tenant does not appear, the court may hold an inquest and issue judgment.

Judgment after trial: Court may order move-out, possibly with time to relocate (up to six months). If the tenant cures a lease breach within the time allowed, the case ends.

PART IV — ILLEGAL LOCKOUT, HP (REPAIRS), HARASSMENT

HP (Repairs & Services)

• Tenants (or DHPD) may start an HP case for repairs/services. Papers include Order to Show Cause and Petition or Notice of Petition and Petition.
• Court may issue an Order to Correct with compliance dates; failure can result in fines or jail.
• If access is refused, return to court.

Illegal Lockout (Restoration)

• Tenants may start a case to be restored if evicted without a court order.
• Eviction without court order is generally prohibited for persons in possession 30+ days or who have paid for the month.
• Cases are heard quickly; Judge may restore tenant and award damages (including possible treble damages). If the unit was re-rented, the new tenant may have to move and may sue the owner.

PART V — SERVICE OF PAPERS (How Legal Papers Are Delivered)

General rules

• Papers must be served the right way or the case may be dismissed (without prejudice).
• You (the landlord/owner) cannot serve the papers. Use a licensed process server or a non-party adult (who serves no more than five papers per year).
• No service on Sundays. Serve between 6:00 a.m. and 10:00 p.m. Avoid known religious observance times.

Methods

1. Personal delivery: hand papers to the tenant (anywhere).
2. Substituted service: hand papers to a responsible person who lives/works in the home (not a passerby/neighbor/doorman). If used, you must also mail copies the right way.
3. Conspicuous service (nail & mail): after at least two attempts at different times (e.g., work/non-work hours) fail, affix/leave papers at the door; you must also mail copies the right way.

Mailings required after substituted or conspicuous service

• Mail one copy by certified or registered mail and one copy by regular first-class mail. Mailings must be done by the day after delivery/affixing. Keep originals for the court.

Other addresses

• If you know another address for the tenant, mail copies there too (e.g., nursing home or prison may require different service).

Multiple occupants

• Each adult named must be served with his/her own set of papers (including mailings).

Certified not picked up?

• Service is still valid if all rules were followed; retain proof of mailing.

Affidavit of Service

• Server must swear how service was made in a notarized Affidavit of Service.
• Affidavit for Notice of Petition & Petition must be returned to the Clerk within 3 days of personal delivery or mailing. Make copies before filing.
• Forms available on the Housing Court website; process servers may use their own forms.
• If service is challenged, the court may hold a traverse hearing where the server testifies and the Judge decides if service was proper.

PART VI — COURT APPEARANCES & RESOLUTION PART

When to arrive: 45 minutes early; expect security; you may be in court all day (lunch 1:00–2:00 p.m.). Children may attend (quietly). Dress respectfully.

What to bring: all papers (lease/renewals, deed, M.D. registration for 3-family), proof, photos (dated/captioned), repair records, letters, bills/receipts.

First appearance: Most cases do not go to trial on the first date. You will be in the Resolution Part, where a Judge or Court Attorney (or DHPD Attorney for HP cases) will explore settlement. A video is available about the Resolution Part.

Calendar call: Check in with the Clerk; request interpreter or time as needed. If either side needs more time (adjournment), the court may grant it. If the tenant owes rent and asks for a second adjournment, or if the case has been in court more than 30 days, you may ask the Judge to require a deposit of funds in court. (It may take time to get money back.)

If not settled: The case will be sent to a Trial Part. An Expediter will assign you when ready. Watch for any papers directing you back to court earlier—do not ignore them.

PART VII — STIPULATIONS, TRIALS, APPEALS

Settlements (Stipulations of Settlement)

• You can settle with or without court help. Put the agreement in writing, sign it, keep a copy, and present it to the Judge.
• Use court Stipulation forms if settling in court; ensure terms are clear, fair, and doable; include all claims/counterclaims; ask questions if unsure.

Repairs in a Stipulation: list repairs, dates/times, access arrangements, and completion deadlines.

Rent reductions in a Stipulation: state the amount waived and time period covered.

Tenant obligations in a Stipulation: state dates, actions, and consequences if not performed (e.g., remove pet, washing machine, or move-out by date).

Payment schedules: specify amounts and due dates (e.g., $500 today, plus $500 on the 15th for three months, in addition to current rent) and what happens upon default.

Judgment in Stip: optional. Without a judgment, additional steps may be required before eviction if tenant defaults (follow stip terms). If you default or need time, you may seek an Order to Show Cause.

Trials

• Be prepared with witnesses/documents (lease, letters, photos, inspection reports, M.D. registration, deed, agency papers). Bring originals or certified copies.
• Subpoenas available from the Clerk (serve at least 48 hours before trial).
• The petitioner presents first (unless tenant started the case). Objections may be made for hearsay, relevance, or improper documents.

Decision & Appeal

• Judge issues a decision (in court or by mail).
• You can appeal a Judge’s order or judgment to the Appellate Term of the Supreme Court. Appeals are time-sensitive and costly—ask the Clerk for instructions.

PART VIII — EVICTIONS & POST-JUDGMENT

Before eviction you must have a judgment. Ways you may have obtained judgment include: tenant didn’t answer, didn’t appear, stipulation grants judgment, or you won at trial.

Only a City Marshal or Sheriff can execute an eviction (change locks/remove property). Find marshals via the NYC Department of Investigation list; find Sheriff via 311. Fees apply.

The marshal gives the tenant a Notice of Eviction stating the intended eviction date; actual execution depends on scheduling. Notify the marshal in advance if occupants are elderly, disabled, or unable to care for themselves; Adult Protective Services must be notified before such an eviction.

A tenant may try to stay an eviction by obtaining an Order to Show Cause; if signed with a stay, the eviction is paused until the return date.

Important: You cannot change locks and evict someone who has lived in your property for more than 30 days. Only a City Marshal can evict after you win in Housing Court.

PART IX — ORDERS TO SHOW CAUSE (OSC)

An Order to Show Cause asks the Judge to do something on the case, including:

• make a party do what was ordered or agreed;
• ask for more time;
• fix mistakes in a Stipulation;
• explain a missed court date;
• bring the case back before the Judge for other reasons.

At the Clerk’s Office, you will complete an Affidavit explaining what you need. The Clerk prepares the OSC for the Judge to review. If the Judge signs, you must serve the papers on the other party and return on the date in the OSC with your proof.

PART X — LOCATIONS & CONTACTS

Start cases in the county where the home is located. Housing Courts are in Civil Court buildings.

• Bronx County Housing Court — 1118 Grand Concourse, Bronx, NY 10456 — 718-466-3025
• Kings County (Brooklyn) Housing Court — 141 Livingston St, Brooklyn, NY 11201 — 347-404-9200
• New York County (Manhattan) Housing Court — 111 Centre St, New York, NY 10013 — 646-386-5500
• Harlem (10035/10037) — 170 E 121st St, New York, NY 10035 — 646-386-5750
• Queens County Housing Court — 89-17 Sutphin Blvd, Jamaica, NY 11435 — 718-262-7145
• Richmond County (Staten Island) Housing Court — 927 Castleton Ave, Staten Island, NY 10310 — 718-675-8452

Court hours: http://www.nycourts.gov/courts/nyc/housing/courthours.shtml
General landlord-tenant info: 646-386-5750
Main site: www.nycourts.gov/nychousing

Where to find help

• Lawyer Referral Service (Bar Association): (212) 626-7373 (consultation fee applies).
• Help Center (in each Housing Court): legal information, forms, videos, internet access; no appointment; often open late Thursdays.
• Volunteer Lawyers Program: check schedules.
• Case information: http://iapps.courts.state.ny.us/housing/HousingJCaptchaServlet
• Rent regulation (DHCR): (718) 739-6400.
• NYCHA Section 8 (eviction info): (212) 306-8500.
• Guardian ad litem info: http://www.nycourts.gov/courts/nyc/housing/GAL.shtml
• Community dispute resolution centers: http://www.nycourts.gov/ip/adr/ProgramList.shtml
• Seminars & videos: http://www.nycourts.gov/courts/nyc/housing/news.shtml and http://www.nycourts.gov/courts/nyc/housing/videos.shtml#seminars

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