The Process:

On your first day in Court, you have three options. Most people end up negotiating what is called a "stipulation". This is an agreement, which is negotiated from both sides. For example, a stipulation can include not only how much money you must pay the landlord, but also repairs that your landlord must make and when those repairs are to be completed. To avoid being confused in Housing Court, prepare yourself to write the agreement by reading this sheet and speaking with advocates.

Everything that you and the landlord agree to must be included in the stipulation. Once the stipulation has been written it goes to a judge. You and the other side will be called to the front and the judge will review the stipulation with you before s/he signs it, and you will get a copy. Do not leave the Courthouse without a copy of the stipulation.

If you and the landlord cannot come to an agreement in your stipulation, you have the right to go to immediate trial. Know that there are definite risks to going to trial. You may have to make an immediate deposit of ongoing and accruing rent monies with the Court. For further Information on this, speak to an advocate or read the "Tenant Alert I" Information Sheet.

The Court provides blank forms for use in writing stipulations. Some landlords/ firms use their own pre-printed stipulation forms. Know that you have the right to negotiate every word on a stipulation, even if it is pre-printed, and appears to be "official." You can check many definitions of legal terms on the back of this form, or ask the Judge or court attorney. If you have difficulty reading English you can ask the Court for an interpreter before you consider signing the stipulation.

You, your attorney, your landlord, the landlord's attorney, or the Court attorney assigned to the Judge may write a Stipulation. In certain circumstances, it can also be written by licensed Court mediators. Working out an agreement is a two-way process. Make sure that everything you want and have agreed to is written in the stipulation before you sign it. For example, if your landlord says s/he will give you two months to pay your back rent or s/he will give you a new lease, have it written into the stipulation.

If the landlord pressures you to sign a stip that you will not be able to keep, you can refuse. You can ask him/her to change it, or you can ask to see the judge.

If you need repairs in your apartment, they should be included in the Stipulation. Be sure to include access dates (specific dates for repairs to be made0 and a completion date If it is a Non-Payment proceeding, you can ask for an " abatement,' or a reduction in the amount of money you must pay your landlord.

You should know how much money you owe before you go to Court. Do your math, and bring any and all proof of payment with you. If you and your landlord disagree as to the specific amount, your returned checks (or m.o. stubs) will benefit you. If you don't feel that you can comply with the landlord's payment plan, suggest one that you could comply with.

Your landlord may demand that you pay legal fees, late fees, or any other fees. Before you sign the stip that includes the fees, know if there is a clause in your lease that may state such. Know that no matter what, you have the right to dispute legal fees, and ultimately, only the Judge can order you to pay them.

In most cases, both you and the landlord will be held to the written terms of the Stipulation. If either you or the landlord can not follow through with the signed stipulation, you may return to Court and ask to see the Judge again. This is called an "Order to Show Cause" You must give a good reason for not following through with the terms of the stipulation. If the landlord did not follow through with his/her terms of the stip, you should state what the landlord did not do. There are certain instances in which the law is binding and Judges cannot grant Orders to Show Cause. If it is signed, you must follow the instructions for service.

Abatement — A reduction in the amount of money you must pay the landlord, due to poor conditions in your apartment (non-payment cases only).

Eviction (Execution of Warrant) — When a Marshal of the City of New York removes you and/or your belongings from your apartment and locks you out after the housing court case. Only a NYC Marshal or Sheriff can evict you.

Final Judgment — A final court decision that states how much you owe and when you must pay it. Once a landlord gets a final judgment, a warrant of eviction can be issued. A stipulation does not have to include a final judgment or a judgment amount, however, some landlord's attorneys will not agree to a stipulation unless it contains a final judgment.

Inspect and Repair as Necessary (Required by Law) — The landlord is to inspect your apartment to see the conditions and the landlord may make repairs as they feel is necessary. This should not be confused with the phrase "inspect and repair by..." which means that the landlord is to complete repairs by a certain date.

Jurisdiction — This means that the court has the power and authority to decide a case. For example, the court can hear the case if the landlord follows the required procedures (properly filling out and delivering notices and court papers).

Motion — A request to the court (judge) to do something, i.e. issue an order to repair or stay an eviction.

Non-Payment Converted to a Holdover — Your landlord wants to change your non-payment of rent case to a case where you are agreeing to give up your apartment. This means you must move out of your apartment by a specified date. Oftentimes, this will be done when the landlord is willing to waive the payment of back rent.

Order to Show Cause — Usually this is a motion to bring your case back before a judge. For example, you need to ask the judge to cancel or change the terms of the stipulation, if you have a good reason.

Restore Upon [5 Days] Written Notice — This usually means that the landlord can file a motion to bring the case back before the judge, if the tenant does not follow through with the stipulation. At least 5 days before his/her motion is filed, he/she must send you a letter telling you that he/she will bring you back to court for some reason.

Tenant to Vacate — To permanently leave or remove yourself and your possessions from the apartment.

Upon Default... — If either side does not do what was agreed to in the Stipulation, whatever follows this phrase can or will happen.

Vacate (or modify) the Stipulation — To cancel or change a stipulation by going back to Court and filing an Order to show Cause or other type of motion.

Waive — This means to give up a legal right. Seriously consider any offers by your landlord' or landlord's attorney to give up any of your legal rights. For example, you may be asked to give up your right to challenge the way the papers were delivered to you.

Warrant or Warrant of Eviction — This is a Court order that allows you to be served with an eviction notice by a NYC Marshal or Sheriff and then be evicted from your apartment.

Warrant to Issue Forthwith — This means that the landlord can get a Warrant of Eviction right away. In most Nonpayment cases, if you make the payments according to your stipulation you will not be evicted.

Eviction Notice or Marshal's Eviction Notice — This is the official notice that you receive from a NYC Marshal. It must be given to you personally, or taped on or slipped under your door and a copy sent by regular and certified mail. If the notice is delivered to you personally you can be evicted after 72 hours. If you receive the notice on or under your door and by mail you can be evicted six days after the date on your notice. You may be able to stop the Eviction by going to the Court immediately and filing an Order to Show Cause.