New York City’s Housing Court, a branch of the Civil Court, hears cases brought by landlords to evict tenants for either nonpayment of rent, of for allegedly “holding over” after the landlord asked them to leave.  It also hears cases brought by tenants, or by HPD, to force landlord to correct housing code violations and correct hazardous conditions.

Landlords have a powerful incentive to evict tenants, even if they don’t have a legal basis for going to Court.  Eviction proceedings are a way for landlords to remove tenants whose rents are regulated, and replace them with deregulated, market-rent tenants.  Every eviction of a rent regulated tenant means one fewer affordable apartment in New York City. 

This incentive means that Landlords will frequently bring unfair and baseless cases to Court, just to harass tenants and pressure them into giving up their apartments. 

Met Council advocates a strategy of fighting back.  If you have been taken to Court, we urge you to:

1. know your rights;
2. don’t be afraid to go to Court, or to go to trial.  Instead, be prepared and confident; and
3. get the help you need.

These principles are the keys to success in Housing Court.

If you have been taken to Court, this page is just a starting point in learning your rights.  Here are a few basic things you need to know, and links to some fact sheets and organizations that can help you more.

First, you cannot be evicted without a trial.  No exceptions.  You have a right to go to Court and see a Judge, and Judge cannot evict you unless there is a trial and  the Judge agrees with the landlord and his witnesses  and disagrees with what you and your witnesses have to say.

Second, the Housing Court is so busy that you will often feel pressured to settle your case.  (If every case went to trial, the Court would grind to a halt, because the Court does not have the time or personnel to try every case.)  You should know, before you go to Court, what your chances are.  Don’t let anyone convince you to settle a case that you didn’t plan to settle.

Third, a case in Housing Court is like any other legal case. It starts when you get served with legal papers, known as a Notice of Petition and Petition.  The next step is for you to respond by filing an Answer, or by going to Court and having the Court clerk take down your Answer.  An Answer is just a list, and not the whole story of your case: it is a list of legal theories that you intend to prove at trial, and doing it right means knowing your rights.  The next step is to show up in Court for your first Court appearance: if the case is not settled, then the Court will usually schedule a trial.