NYC Housing Court: what to expect and how to prepare

If you’ve been served with eviction papers in New York City, you must first answer the case at the Housing Court clerk’s office (within 10 days for a nonpayment case), then go to your court date, where you can ask for a free lawyer and the judge or a court attorney will try to help the two sides settle. If you skip either step, the landlord can get a default judgment against you.

Housing Court is the Housing Part of the NYC Civil Court. It hears nonpayment and holdover eviction cases, tenant repair cases (HP actions) and illegal lockout cases. Here’s how each stage works and what to bring.

Step 1: Answer the petition

Your answer tells the court you’re contesting the case and lists your defenses. Bring the papers you were served (or the postcard the court mailed you) and a form of ID. The answer is filed at the clerk’s office of the Housing Court in the borough where you live. The courthouse is listed on your notice of petition.

Nonpayment case

• You must answer within 10 days after you were served with the notice of petition.
• Orally: a clerk at the counter fills in an “Answer in Person” form based on what you say. It lists common defenses. Check your copy before you leave, and tell the clerk if you or a family member are in the military.
• In writing: you can use the court’s free “Answer in Writing” form, but you must then serve it on the landlord or their lawyer with an affidavit of service. The court warns that written answers done wrong can be rejected, so most tenants answer in person.
• After you answer, the clerk sets a court date, usually 3 to 8 days later.

Holdover case

You answer orally or in writing at the hearing itself (RPAPL § 743). Read your notice of petition carefully for the date, time and courtroom, and follow any instructions it gives. A written answer must be served on the landlord or their lawyer, just as in a nonpayment case.

Three things you can ask for when you answer

• An inspection: if your apartment needs repairs, ask the clerk or judge for an HPD inspection as early as possible. List every problem in every room and the public areas. The inspector may ignore problems you leave off.
• A traverse hearing: if you never got the papers or they were served improperly, say so. The judge may hold a hearing where the process server testifies. If service was bad, the case is dismissed, though the landlord can start over.
• A jury: you can demand one when you answer and pay a fee (it can be waived if you can’t afford it). Many leases waive the jury right, so the judge may deny it.

Step 2: Your first court date

1. 1

   Arrive early and check in with the clerk

   Find your courtroom (the “part”) on your papers. Check in so the court knows you’re there. If you need an interpreter, tell the clerk then.
2. 2

   Ask for a lawyer

   Say “I would like an attorney,” or find anyone wearing a teal “Speak with a free lawyer” button. Under NYC’s Right to Counsel law, eligible tenants get full representation and others can get advice.
3. 3

   Wait for your case to be called

   A judge or a court attorney will talk with you and the landlord’s side. You don’t have to talk to the landlord’s lawyer in the hallway unless you want to.
4. 4

   Decide: settle, adjourn or ask for a trial

   No one can force you to settle. If you agree, the terms go into a written stipulation of settlement. If you need time to get a lawyer or documents, you are entitled to one adjournment of at least 14 days. If you can’t agree, the case goes to a trial part.
5. 5

   Leave with your next date in writing

   Before you go, make sure you know the next court date, the courtroom and anything you must do before then.

You can also ask for mediation by telling the clerk. A trained neutral mediator meets with both sides, and any agreement is reviewed by the court. If mediation fails, the case returns to the Resolution Part.

In person or virtual?

Whether your appearance is in person or virtual is set by your notice or the judge. Unless your papers clearly say otherwise, plan to appear in person, and call the court to confirm.

If you missed the deadline or your court date

If you haven’t answered yet and no judgment has been entered, go answer immediately. If a default judgment was entered, you can ask the court to vacate it with an order to show cause. In a sworn affidavit you explain why you missed it (for example, you never received the papers, or you were sick) and what your defense is (for example, you don’t owe the rent claimed). If you already have a marshal’s notice, go to court the same day: see marshal’s notice of eviction.

Your court-prep checklist

Tick items off as you gather them. Your progress stays in this browser. Bring copies, not your only originals.

Learn more

• The NYC eviction process timeline
• The 14-day rent demand
• HP actions: suing your landlord for repairs
• Request your rent history from HCR (for overcharge defenses)