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Counterclaim Not On Answer

NYC Housing Court Practice/Procedures

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Counterclaim Not On Answer

Postby hunterboone » Thu Nov 17, 2022 10:17 pm

I just noticed my filed answer against my landlord, who's suing me for non-payment, wasn't filled out correctly by the clerk, and my court case is next Tuesday.

I orally answered the petition and wanted to counterclaim as I have the rental history, and my unit is rent stabilized after I was told it wasn't, plus my landlord has been threatening to evict me illegally, and I have the emails of him telling me to move out over a weekend.

When they call my name in court next week if I say TENANT APPLICATION, will I be able to amend my answers for a counterclaim?

I should also mention I took my landlord to court over an HP claim because of 18 violations and then my landlord sued me back for rent I paid.

Appreciate any help; really stressing out.
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Re: Counterclaim Not On Answer

Postby TenantNet » Fri Nov 18, 2022 12:08 am

It's not uncommon for the Housing Court clerks to make mistakes, or as some suggest, to intentionally leave out some defenses. I've seen it enough.

As you surmise, defenses and counterclaims are both essential elements to a non-payment proceeding, and both should be in an answer. An answer is not a place to argue and prove a case, just to assert the defenses and counterclaims. If it goes to trial, that's were the details can come out. One can also raise the issues in motions that might result in proceedings being dismissed, i.e., a Motion to Dismiss.

If you answered pro se, then number one, I would try to get an attorney through the Right-to-Counsel program. I know that's difficult, but try, and you may need to call multiple groups. I've been through that and it's not fun.

You and your attorney should alert the court of the deficiency in the answer and ask for it to me corrected (the operative term might be amended). Tell them the clerk omitted vital information.

I can't comment on what you have or don't have other than to say that whether a unit is RS or not is a legal decision by DHCR or the court. It's a question of fact, and can be important if the LL claims it isn't.

So yes, seek to amend the Answer, and ask the court for time to get an attorney.
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Re: Counterclaim Not On Answer

Postby hunterboone » Fri Nov 18, 2022 3:03 pm

Thank you for this information!
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