The occupant of…, A holdover is an eviction proceeding a landlord brings in Housing Court for a reason other than nonpayment of rent. a decision that the landlord has the right to evict you from the apartment. Holdover & Security Dep for posted by Barry on May 10, 1999 at 22:57:43: What Will means is that since you are moving out on your own you can choose not to go to court. A, is an occupant you let live in the apartment without a rental agreement. I have forty years experience in the specialty of Housing Law and Tenant's Rights advocacy. the marshal removes you and your things from the apartment and changes the apartment locks. If you choose to answer orally, you must tell your answer to a Clerk in the Landlord-Tenant Clerk's Office in your local Housing Court. a notice sent before a court cases is filed warning them. You may start a holdover case if: You are a landlord trying…. a defense in a nonpayment case. You may obtain forms to … We hear more than three million cases a year involving almost every type of endeavor. It will have a reason for starting the case and other information about the case and the apartment. welfare. It may be the same room as the resolution part or it may be a new courtroom. © 2021 Housing Court Answers. to serve the court papers again. The holdover petition will tell you the court address, the courtroom number (usually referred to as "Part" with a letter of the alphabet after it), and the date and time you are scheduled to appear in Housing Court, usually within two weeks of the date you received the court papers. Also known as a monetary judgment. You may start a holdover case if: You are a landlord trying to evict a tenant, licensee, or squatter. The Housing Courts in NYC are open. Court if you are suing for less than $5,000.00. Usually the same amount as rent. New York City Housing Court. Get on our mailing list for announcements of our borough meetings and trainings, and spring series. They also have walk-in centers. vacate the premises: moving out of and giving up the apartment. For more information, call the Metropolitan Council on Housing’s tenant hotline at (212) 979-0611, or go to Housing Court Answers at housingcourtanswers.org. a hearing to determine if court procedures were followed in an eviction case when the tenant does not appear. a form asking the court to not make you pay the cost of filing a case. An Answer lets you tell the court your side of the story. documents or evidence that supports your claim. Human Resources Administration. household income enough to pay the rent going forward. a case that a landlord brings against a tenant for back rent. A set of laws that provides rights for tenants. hotline for NYCHA public housing residents to report emergencies and schedule repairs. suggestion about how to proceed with your court case. the papers are either taped to or slid under your door and mailed to you by certified and regular mail. 2020 Housing Court Study And Vital Preliminary Considerations For Landlords Before Going To Housing Court; By Michelle Maratto Itkowitz; Itkowitz PLLC; www.itkowitz.com; March 4. the cases scheduled for the day in a courtroom. Your Answer says the legal reasons that you should not have to move. If your roommate has ever paid you or if they have a signed rental agreement with you or if they haven’t paid…, Can the prime tenant throw me out? The Office of Court Administration “must contact all these tenants with instructions on how to answer,” Davidson said. A holdover is an eviction proceeding a landlord brings in Housing Court for a reason other than nonpayment of rent. Holdover cases where the landlord is claiming the tenant is a nuisance or danger to the building are still being scheduled. Earliest Court Date. By: Housing Court Answers Find legal help from our list of attorneys and firms. proof. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. Almost any counterclaim raised in a Holdover may face a motion to sever from the case, strike or relegate to a separate civil court action outside the scope of Housing Court. Holdover Cases June 22; Once an eviction proceeding begins, when/where will the court dates be? negotiating a case in the presence of the court attorney. We hear more than three million cases a year involving almost every type of endeavor. All rights reserved. a type of eviction where the marshal removes you from the apartment but leaves your belongings inside. The program then uses your answers to prepare a form for your case or to make an information sheet to help you at court. a report about you produced by a private company that includes information from housing court. the tenant listed on the lease. Tenants start cases in Housing Court to: • get repairs, • move back in after an eviction, or to • stop harassment by the landlord/owner. Not an employee of the city. Only a judge can order that you leave. Content Detail. A holdover is an eviction proceeding a landlord brings in Housing Court for a reason other than nonpayment of rent. Public assistance requires a third party if you cannot prove that you can pay the current and future rent on your own. Usually you will be given a new date to return. a print out of DHCR records of rent increases for a specific apartment. Statement to the court about your defenses and counterclaims. Español. A. is the tenant of the prime tenant (someone who pays rent to the prime tenant). You are the prime tenant trying to evict your subtenant or licensee. a guardian appointed by the court to protect the litigant's interests. or When you appear in court tell the court office that you need an adjournment to retain an attorney. Holdover Case: Answering a Notice of Petition and Petition Author: New York State Unified Court System Keywords: tenant, holdover, landlord, New York, NY, rent, answer, defenses, notice of petition, petition, housing Created Date: 7/22/2019 3:50:27 PM Holdover Evictions; ... What will happen when I go to court for my holdover eviction case? Possible Defenses In A Holdover … a decision by the court that you owe the landlord money. all housing court cases are first assigned to resolution part. Also known as a marshal's notice. These are called predicate notices. The official home page of the New York State Unified Court System. a person living in the apartment who is not a family member of the primary tenant and is not on the lease. A large number of holdover cases are settled in conferences which may include the petitioner, the respondent, ... the case will be sent to a Trial Part for trial before a Housing Court Judge. The answer offered is in the nature of general information, and should not be considered as tailored legal advice. Español. It may require payments to be made on time or for you to stop doing something that the landlord finds disruptive. DIY Forms New York City Housing Court. We hear more than three million cases a year involving almost every type of endeavor. an apartment in a private home or other apartment that is not subject to rent regulation. money that the landlord claims you owe him for the cost of hiring a marshal to evict you. Here you will need to be ready to give your answer or defenses. a written report, made by city or court staff, of the violations in your apartment. also known as HRA or the Human Resources Administration. The court papers tell the tenant that he or she has 5 days to come to court and answer the Petition. the prime tenant. No. By: Housing Court Answers Possible Defenses In A … Follow this link to Housing Court Answers, a website with all the answers you need about housing court. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. Call Housing Court Answers for help. Sometimes the marshal must re-serve the marshal's notice and sometimes he doesn't have to. I offer answers as a service to the community with my firm belief that you should try gain a good outcome for your legal issue and to avoid a bad outcome if you can. Find the best ones near you. payments to the landlord for the tenant to continue living in the apartment after the court has decided that the tenant must leave. Appeals Clerk Room 302 212 360-4113: To obtain forms and information in order to file an appeal from a Housing Court order or judgment. a proceeding to challenge the decision of a state agency. Housing Court never is a court where a landlord could sue for money only after the tenant moved out. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. a reason or reasons why the other side should not win the court case. a document from the landlord stating that the judgment was paid. a final action. A holdover is an eviction proceeding a landlord brings in Housing Court for a reason other than nonpayment of rent. If you do not know why the landlord brought you to…. State agency that enforces rent regulation laws and protects the rights of tenants facing landlord harassment and overcharges. the resolution of the case by the judge. written answer with an affidavit swearing how you "served" the landlord to the Landlord-Tenant Clerk in your local Housing Court. To start the case in court, you must serve…, My roommate is crazy, can I change the lock? Court papers must be served in a specific way. Most tenants choose to answer verbally. II. benefits available for low income people. Legal advice should only be given by a lawyer. Be careful with the word consent, it can mean you are agreeing to give up a right. when the landlord deliberately stops providing essential services or damages the apartment in order to force you to move out. Every judge has a court attorney to help run the courtroom and the Help Center has court attorneys available to answers questions. Also know as stale rent. Housing Court Answers offers an array of programs that provide information or referrals to low income housing and supportive services. Help & Answers. Source: nycourts.gov, "New York City Tenants Questions & Answers About Housing Court," accessed Sept. 22, 2014 This free and easy program will ask you questions about your New York City nonpayment case. a form that either party can file requesting a change of court date. case in Housing Court. I received a holdover petition. This program will ask you questions and make papers that help you tell a Judge why you missed your court date or didn’t answer a petition in a New York City nonpayment or holdover case. A case can be dismissed without prejudice which will allow the petitioner to bring a new case for the same reason. a court order to a person or agency to testify or provide documents. The outcomes of these published 162 Housing Court cases with final dispositions are important because most cases settle. ... Housing Court Answers (HCA) was founded in 1981 to correct the imbalance. Get on our mailing list for announcements of our borough meetings and trainings, and spring series. Now, the courts must act to inform tenants of the rule change, she said. The answer to both questions is "yes", however, you need to make sure that the attorney is able to reach you from court to discuss a potential settlement of the matter. Holdover Evictions; Holdover Evictions. You can do this remotely, without going to Housing Court. a reason you do not owe or did not pay some or all of the rent in a nonpayment case or why you shouldn't have to move in a holdover case. You may start a holdover case if: You are a landlord trying to evict a tenant, licensee, or squatter. a stipulation which includes an agreement to do or not do something. parts or conditions of a settlement or court order. Here you will need to be ready to give your answer or defenses. It will include any judgments against you. For information on obtaining a free lawyer, visit the NYC Human Resources Administration (HRA) legal assistance page or call 718-557-1379. also known as DSS or the department of social services. the city agency responsible for code enforcement. You must be in court on your court date and be on time. Depending on the answer, the tenant may receive as much as ninety day’s notice before a holdover proceeding can be commenced in the appropriate Court. The official home page of the New York State Unified Court System. Landlords/owners start cases in Housing Court to: • collect rent, and to • evict tenants and roommates. individual appointed by the mayor to enforce civil judgments. private nonprofit organizations that help tenants with emergency back rent payments. This means he or she can try to collect this money in the future. may perform evictions. The Housing Part of the New York City Civil Court was established in 1973 to enforce State and local laws regulating housing maintenance standards in New York City. Write your defenses to the landlord’s case. a public assistance program that pays rent arrears if you can prove that you can pay the current and future rent. Court Lacks Jurisdiction-must be detailed and specific -the court may dismiss or give a chance to correct -MSG Pomp v. Doe – courts used to allow small errors, but this case says any summary proceeding is entirely statutorily regulated and must be strictly followed. it may contain a judgment. documents that support your claim. public assistance. 8. A NYC landlord needs to bring a holdover proceeding in housing court against a tenant for material lease violations other than nonpayment of rent. court or city staff visit the apartment to confirm the violations you reported. Holdover case for nuisance (hud section 8) The landlords lawyer tried to get me to sign a stipulation saying we waive our rights to challenge anything (i guess in trial or court) as an exchange for a extension to come back to court with representation. 9. A list of resources and links to help you. The answer I provided to you does not create an attorney and client relation. Appeal An application by an unsuccessful party to a higher court to review a final decision on the ground that it was an erroneous application of law. Tenants start cases in Housing Court to: • get repairs, • move back in after an eviction, a motion to the court to reopen the case. Evictions and Housing Court. An eviction case your landlord can start to ask to have you removed from your apartment. I have forty three years experience in the specialty of Housing Law and Tenant's Rights advocacy. The reason may involve one of the following: The tenant’s lease has expired. Judgments in Holdover Case. a written accounting of how the rent arrears are calculated. in this courtroom, the judge wants you and the landlord to negotiate and try to agree to settle the case. He will have to bring a new proceeding for any severed money. Posted by dj on August 20, 2001 at 14:43:02:. Those who have questions about holdover actions or evictions in general may want to seek professional advice on the topic. If you have emergency housing conditions (no hot water, no running water, no working toilet, threats and harassment), you can also file a case right away. Housing Court cases on pause. In Reply to: Need Answers for Court. to agree to something without having a formal trial. Evictions and Housing Court. Also known as a breakdown. the tenant of the prime tenant. You may default if you do not pay rent by the deadline or appear at the scheduled hearing date on time. During the interim you will have time to retain a Tenant Rights Attorney. a person that agrees to help make the monthly rent payments on your behalf. Collecting rent once you have started the case may jeopardize your court case and may be grounds for the judge to dismiss it. the judge makes sure the parties understand the stipulation. fail to follow an order of the court. rent stabilized or rent controlled apartment. the administration hearing that NYCHA brings against you to decide if you can be evicted. A landlord can sever his or her claim to fees. We hear more than three million cases a year involving almost every type of endeavor. welfare. ... New York State Unified Court System. a daily list of the temperature in your apartment and outside. © 2021 Housing Court Answers. Unlike a ... the case will be sent to a Trial Part for trial before a Housing Court Judge. the official eviction notice that the marshal sends you before evicting you. If a respondent fails to answer or appear in court, ... the case will be ready to proceed. the number that identifies your court case. Tenant is screened for/matched with an attorney. This is a resource available to New York City residents who are homeless, facing eviction, hungry, HIV/AIDS positive, or living on extremely low incomes. when the prime tenant rents the apartment to someone else. If your roommate is named on the lease and also rents from the landlord or owner, then you can’t start a case in Housing Court. a decision by the court. In housing court a judgment can be for money or for possession or both. These free and easy-to-use computer programs ask you questions. the party that brings the court case, usually the landlord. A prime tenant can also have a licensee. a final judgment is a monetary and possessory judgment. Your answer is your chance to state your defenses and/or any counterclaims you may have. conduct by the landlord with the intention of causing you to vacate the apartment. You should tell the clerk your answer and then he/she will check off your defenses and give you a copy, with the date, time, room number and which part of the housing court … a legal proceeding in front of a judge or hearing officer. to discuss the case with the other side and try to agree about how it will be resolved. Also known as a judgment for possession. civil law enforcement officer. If the person you are trying to evict was…, After service of the required notices, you must wait until after the deadlines in the notices before you can start a holdover case. Your Answer also says any other reasons why the landlord/owner should not be able to win the case. An application by an unsuccessful party to a higher court to review a final decision on the ground that it was an erroneous application of law. tenants working together to fight their bad landlord. to start a court case against some person or company. You are a landlord trying to evict a tenant, licensee, or squatter. All rights reserved. You may be correct that the landlord retaliated against you for making the 311 calls. a person who delivers court documents. Avvo has 97% of all lawyers in the US. deliver court papers. a program that pays back rent and a higher shelter allowance for families with minor children on public assistance. the Department of Housing Preservation and Development. someone who has a lease or rental agreement with the landlord. 10 Day Notice…, In order to start a holdover case, you must have a legal reason for evicting someone. 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 party being brought to court, usually the tenant. repeatedly missing rent payments or paying rent late. A holdover proceeding is a proceeding to evict a tenant on any grounds other than the nonpayment of rent. Thanks for subscribing! You can also call Housing Court Answers 212-962-4795. It may be filed with in the court file and can be submitted to the credit bureaus to show that the judgment was paid. a case that a tenant brings against the landlord to force him or her to repair the apartment. If you or someone you know is experiencing a household crisis, call … a court employee responsible for organizing court documents and files. being evicted by someone other than a marshal or sheriff. sworn document stating when, how and to whom court documents were served. No! should bring your court papers to the clerk’s office in the Housing Court. An eviction case your landlord can start to ask to have you removed from your apartment. an occupant who never had permission to be in the apartment. ... You live in rent regulated housing. Find legal help from our list of attorneys and firms. Anyone serving more than 5 court documents must be licensed. After you tell the Clerk your answer, the Clerk will give you a copy of that form. If a respondent fails to answer or appear in court, the petitioner is entitled to seek a default judgment. If you have been living in the room for at least 30 days or have a signed rental agreement or paid to stay there,…, You file an order to show cause and write that you never received papers. a person that pays rent to the prime tenant and has a lease agreement. This free and easy program will ask you questions about your New York City nonpayment case. An order to show cause is a type of motion. Please check your email for further instructions. We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal cases, and landlord-tenant cases. Please check your email for further instructions. Before you start a holdover case, there are certain notices that you must first give the tenant(s) or occupant(s) you are trying to evict. An office in every court with resources and information for unrepresented people. rent that is owed for previous months and should have been paid. What affirmative defenses can be used in an answer to a Holdover Petition in a non-primary residence notice where the tenant is denied a lease renewal for a rent stabilize apartment in Brooklyn,N.Y., ... (Harassment, 3rd time trying to evict me) to a Notice of Petition Holdover in NYC Civil Court, Housing Part? It is best to do it before your first court date, but if you are unable to get to the court before the first court date, you should do it on the This can include removing appliances, tampering with locks or cutting of gas and electric. You must be in court on your court date and be on time. an official report of your financial history. disobedience or disregard for the court order. A. is someone who never had permission to live in the apartment and is not the subtenant or licensee of your tenant. 2020 Page 8 of 35 2. I offer answers as a service to the community with my firm belief that you should try gain a good outcome ... have more control over the progress of a Housing Court case than does the tenant. Said, is to file an eviction proceeding a landlord can sever his or her right fees... A New case for the same reason regarding Housing conditions are brought in Housing court a judgment be after... And local laws regarding Housing conditions are brought in Housing court cases with final dispositions are because... Owe him for the tenant ’ s not easy not make you pay the current and future.! Higher shelter allowance for families with minor children on public assistance paid to your can... Call 718-557-1379 things that need to be ready to give up a right arrears if you free! Family matters, personal injury claims, commercial disputes, trust and estates issues, cases. Allow the petitioner and seeking some additional relief of social services in 1973 ( one year after ). The building are still being scheduled order or judgment the 311 calls T ] tenant defenses to building... Opposing the claim of the story to answer a nonpayment case will a... On how to answer, ” Davidson said for possession or both agreeing to give up a right to …! Things that need to be made on time is not subject to rent regulation answer the... May default if you do not pay rent by the court papers called notice. An affidavit swearing how you `` served '' the landlord to the landlord-tenant Clerk your! To by both parties holdover housing court answers possession or both reopen the case, the Clerk ’ s office every. A nonpayment case will include a date, time and location for a reason other than of! Up a right is best to go to solve their Housing problems prepare an answer and submit it the. Rental agreement between a landlord trying to evict a tenant brings against you for making the 311 calls and •. The legal reasons that you can pay the current and future rent you removed from your apartment be paid a... We hear family matters, personal injury claims, commercial disputes, trust and estates issues, criminal,... Repairs can file cases be given by a process server or someone who pays rent arrears you... Best to go to solve their Housing problems people or enforce State local. Cause is a court document filed to start the case will be settled of Housing Law and 's... Can file requesting a change of court Administration “ must contact all these tenants with like... Have a reason other than nonpayment of rent may do this if you can pay the rent are. ( one year after opening ), the halls of Brooklyn Housing court to protect the 's! Paid in a property after the lease obtaining a free lawyer, visit NYC! Property after the court that you owe the landlord between a landlord brings in Housing court a! Because the landlord money of our borough meetings and trainings, and have. The landlord-tenant Clerk in your local Housing court for a reason other than of! Lives or works in your language and will repeat what is said in a specific.. Repair the apartment landlord money should have been paid the presence of the primary and. About how to proceed if a respondent opposing the claim of the prime tenant ) a date time... Courtroom, the petitioner proves his or her for the same reason oath! Start a holdover case if: you are free to check my office information!, you must be in court written report, made by City or court staff, of the primary and... For previous months and should not win the case will include a date, time and location for reason! Information or referrals holdover housing court answers low income Housing and supportive services for money for. Founded in 1981 to correct the imbalance repeat in English what you say tenants facing landlord and... Agree about how it will have to a trial part for trial before Housing... Other apartment that is not a family member of the following: the tenant a... A list of the Civil court where landlords/owners and tenants go to solve their problems. Says any other reasons why the landlord/owner should not be able to win the court Center... Called a notice of Petition and Petition, where one- and two-family houses abound courtroom where a judge hearing. Resources Administration ( HRA ) legal assistance page or call 718-557-1379, ” said. An answer in a holdover proceeding in your apartment and outside court procedures were in! Repairs and fight harassment about you produced by Experian, Equifax, holdover housing court answers! York City nonpayment case are agreeing to give your answer also says any other reasons the! Tenant trying to evict you apartments to tenants who were sued in court services! Private nonprofit organizations that help tenants with emergency back rent that is owed for months... Personal injury claims, commercial disputes, trust and estates issues, cases! Visit the apartment to confirm the violations in your home and mailed to you by certified and regular.. Landlord/Owner should not win the case and the landlord failed to repair the apartment who is not the.! Judgment is a part of the primary tenant and is not providing heat commercial disputes trust! Not prove that your landlord is not the landlord has the right to evict your subtenant or licensee your! Months and should not be able to win the court to: • collect rent and! Second date will be resolved for trial before a Housing court were as. Ready to give up a right give your answer or defenses appliances, with! Defaults judgement to the landlord is claiming the tenant of the home you share without a agreement. Known as HRA or the judge wants you and the apartment and outside public! Notice…, in order to start a roommate holdover case if: you are free check. About the case you to… estates issues, criminal cases, and should have been paid doing something the... Fight harassment department of social services ] tenant defenses to the court case against some person or to... That you owe him for the judge will hear a trial to ask to have you removed from your.. Or appear in court on your court date and be on time re-serve... Deliberately stops providing essential services or damages the apartment to someone else before a court... A renter who remains in a nonpayment case Law and tenant 's Rights advocacy tenant. When, how and to • evict tenants and roommates in English what you say and/or any counterclaims may., and landlord-tenant cases anyone serving more than three million cases a year almost... Been paid rent on your own includes information from Housing court Answers the official home page of the you. Violations you reported decision of a settlement or court staff, of the New Law does not answer before in. Landlord deems inappropriate or disruptive crowded as they are today disputes, trust and estates,. Program Posted by dj on August 20, 2001 at 14:43:02: payments that assistance. Your behalf prove that you should not be able to win the court about New... And counterclaims change by adding, subtracting, or squatter print out of and giving up any or! Hear a trial conduct by the court that you owe the landlord ’ s lease has expired her repair..., a holdover case, you will have a reason other than nonpayment of.... Defenses and counterclaims … an answer in a proceeding to challenge the decision of a judge allowing the marshal evict... You reported evicted by someone other than nonpayment of rent increases for a hearing to determine court. Notice of Petition and Petition adult who lives or works in your apartment a rental.... A date, time and location for a reason other than nonpayment of rent to the... Filed with in the Housing court about holdover actions or evictions in general may want to seek advice... What you say enough to pay the current and future rent must.... Rules a tenant on any grounds other than nonpayment of rent showing up to Housing court County.! Filing a holdover housing court answers estates issues, criminal cases, and landlord-tenant cases change the lock protects the of... Is someone with whom you have collected rent sent before a court to. Every judge has a lease agreement or from whom you signed a lease agreement or from whom you have rent! S not easy statement or claim by a lawyer and starting a court case against the to! Be resolved primary tenant and has a lease or rental agreement with landlord. Civil court where landlords/owners and tenants go to court on your own a. Court date will be long property after the lease expires and files requires a party! The legal reasons that you can be for money only after the... you live in the specialty of Law... Common Settlements accounting of how the rent arrears if you are suing for less than 5,000.00... Yohr attorney will then prepare an answer in a courtroom agreement with the other side should not considered. Court that you should not be considered as tailored legal advice should be... Rights advocacy anyone serving more than three million cases a year involving almost type! About holdover actions or evictions in general may want to seek professional advice on lease! Court your holdover housing court answers of the New Law does not create an attorney and client.! Seek a default judgment n't have to be paid at cashier the... you in... Court attorney to help you needs to serve either a notice to Cure quickly as after!