A Tenant's Guide To Housing Court
Table Of Contents
Answering The Dispossess
- Improper Service
- General Denial
- Payment
- Breach of Warranty of Habitability (Bad Conditions)
- Stale Rent
- Rent Overcharge
- Illegal Multiple Dwelling
Counterclaims
- Breach of Warranty of Habitability (Bad Conditions)
- Rent Overcharge
- Harassment
- Failure to Pay Interest on Security Deposits
- Damage to Personal Property Due to Landlord's Negligence
- Personal Injury
- Cost of Repairs the Landlord Refused to Make ("Repair and Offset")
What Happens If You Don't Answer The Dispossess
Going To Court
Pressure To Settle
Some Common Settlements
- Converting a Non-Payment Petition to a Holdover Petition
- Adjourning the Case for Repairs
- Consenting to a Final Judgment
- Settling for Money
- Agreeing on a "Pay Out" Schedule
Obtaining The Money
Scheduling A Trial
The Landlord's Case
Proving Tenant's Defenses
- Improper Service
- Payment
- Rent Overcharge
- Bad Conditions In Your Apartment
- Stale Rent/Landlord's Delay
- Illegal Multiple Dwelling
Ending The Trial
After The Trial
To Get An Order To Show Cause, Follow These Steps
- Get a blank Order to Show Cause and Affidavit
- Fill in the Affidavit
- The Clerk will fill in the dates on the Order to Show Cause
- The judge will read your Affidavit and decide whether to sign the Order to Show Cause
- Serve the Signed Order to Show Cause on the Marshal
- Serve the Signed Order to Show Cause on the Landlord
- Go to court
- Answer "tenant" when your case is called
What Is A Housing Part (Hp) Action?
How To Prepare To Bring An Hp Action
How To Serve The Papers
How To Handle An Hp Action In Court
How To Follow Up
Conclusion
Holdovers
Article 7-A Proceedings
Community Organizations
Legal Services Programs
Part VI -- Sample Papers
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