Housing and Court Procedures
From Social Justice Wiki
New York City Civil Court Housing Part:
Answering a Case:
In General, if you have received a petition from the civil court, you must appear and answer within the time period provided for in the notice of petition. If you have received a postcard from the court indicating that papers have been filed asking the court to evict you from your residence, you must also answer. If you are an individual, you may answer either orally or in writing. Any individual named as respondent, or any person in possession or claiming possession of the premises, may submit an answer. Your answer should include any legal or equitable defense or explanation that you might have. You may also make a counterclaim in response to a petition at that time. You should bring a copy of the court papers you received, or the postcard from the court, when you come to answer.
If you do not answer and appear, the party suing you may be able to enter a possessory judgment and/or a money judgment against you. The petitioner may be able to evict you, as well as garnish your wages or levy on your bank account. If you received a notice from a marshal or a sheriff you may be able to vacate your default and/or stop the eviction. You can learn more about this and other housing court procedures by reading our Legal and Procedural Information sections.
The time to answer the petition and the procedures for answering a nonpayment petition and a holdover petition differ and are set forth below.
Answering a Nonpayment Petition:
If you are served with a nonpayment petition you must answer within 5 days after you have received the notice of petition. To find out where to answer in your county, click on Locations. The clerk will set a date for trial between 3 days and 8 days after you answer. You may answer orally or in writing. To answer orally, you must come to Court and speak to a clerk at the counter who will check off a Landlord/Tenant Answer In Person form based upon what you tell him or her. The Answer in Person form contains a list of possible defenses that may or may not apply to you. If you would like to view this form now you may click on Answer in Person. If you would like to read more about the defenses listed on the Answer in Person form, click on Housing Fact Sheets. After the clerk completes this form you will get a duplicate copy of it. Check to make sure that your answer was correctly recorded by the clerk before you leave the counter. If the answer is not correct, tell the clerk. Bring your copy of this form and all court papers to court on the hearing date. You may answer in writing by using a free Civil Court form, or your own form. You may come to the clerk’s office and request a Landlord/Tenant Answer In Writing And Verification form from the clerk at the counter. You will be given two duplicate copies of this form. You may also download the form now by clicking Answer in Writing. The procedure for a written answer is more complicated and if not done properly, your answer may be rejected. You must fill out the written answer form and then serve the form on the other side. If you do not prepare your written answer in court, the procedure is slightly different. Click on Serving Your Written Answer for instructions on how to serve the answer correctly. Bring your copy of the answer and all court papers to court on the hearing date.
Answering a Holdover Petition:
If you are served with a holdover petition, generally you must answer orally or in writing in the courtroom on the date of the hearing. However, if the petitioner serves the notice of petition at least 8 days prior to the return date, the notice of petition may ask you to answer at least 3 days before the hearing date. To find out where to answer in your county, click on Locations.
If you answer orally by coming to the court and speaking to a clerk at the counter, the clerk will indorse your answer on the court file. You may also answer in writing by coming to court and asking the clerk for a Landlord/Tenant Answer In Writing And Verification form, or you may submit your own written answer. You may also download the civil court form now by clicking Answer in Writing. The procedure for a written answer is more complicated and if not done properly, your answer may be rejected. You must fill out the written answer form and then serve the form on the other side. If you do not prepare your written answer in court, the procedure is slightly different. Continue reading below for instructions on how to serve the answer correctly. Bring your copy of the answer and all court papers to court on the hearing date.
Serving Your Written Answer:
After you have completed a written answer, you must serve the petitioner by following the instructions below.
1. Make two copies of the completed written answer.
2. Have someone over the age of 18, who is not a party in this action, mail a copy of the written answer by regular mail to the attorney for the petitioner or to the petitioner directly only if there is no attorney.
3. You may also have someone over the age of 18, who is not a party in the action, personally deliver the written answer to the petitioner’s attorney, or the petitioner directly only if there is no attorney.
4. Next you need an affidavit swearing that the written answer was served. Click on Affidavit of Service to download the free civil court form.
5. Prepare an Affidavit of Service for the service on the petitioner and have the person who served the written answer sign the Affidavit of Service in front of a notary.
6. Attach the original Affidavit of Service to the original written answer.
7. For Nonpayment cases, return the written answer and affidavit of service to the Court within five days of receiving the notice of petition.
8. For Holdover cases, if the notice of petition requires you to answer prior to the hearing date, you must return the original of the answer and affidavit of service in the court at least three days before the hearing date. Otherwise, you may bring the written answer to court on the hearing date.
9. Keep a copy for your records and bring all your papers with you when you come to court for the hearing date.
Definitions of New York City Civil Court Terms