FAQ
Q. What is New York City Housing Court?
A. Housing Court is the court designated for the hearing of landlord tenant disputes in the five boroughs of New York City. The Housing Court hears HP proceedings, holdovers, and illegal lockout proceedings, landlord tenant law.
Q. What is DHCR?
A. The New York State Division of Housing and Community Renewal is the state agency charged with the enforcement of the state’s and city’s rent laws. DHCR is where overcharge complaints, fair market rent appeals, harassment complaints and the determination of a rent regulated tenant’s legal rent are often heard.
Q. What is a Holdover Proceeding? A. A Holdover proceeding is a lawsuit commenced by a landlord against a tenant in which the landlord alleges that the tenant Law has held over beyond the expiration or termination of the tenant’s term of occupancy. Common holdover proceedings are non-primary residence proceedings, illegal sublet proceedings, illegal alternations proceedings, chronic non-payment proceedings and nuisance proceedings.
Q. Does LIPSIG PRICE, PLLC do Rent litigation outside of the field of real estate? A. Absolutely. LIPSIG PRICE, PLLC has a thriving practice in the areas of personal injury, property damage, contract disputes and other general civil litigation Law.
Q. What are residential nonpayment and commercial nonpayment proceedings? A. This is the type of proceeding that a landlord will commence against a tenant when the landlord believes that the tenant has failed to pay his/her/its rent.
Q. What is rent stabilization? A. Rent Stabilization is a government mandated system that requires a landlord to renew a tenant’s lease in perpetuity while mandating rent increases that are less than market rate increases. Tenants are permitted to renew their leases on a yearly or bi-yearly basis so long as there is not a basis under the Rent Stabilization Law, Landlord Tenant Code for the tenant’s removal.
Following Entire section received from Source: http://www.courts.state.ny.us/courthelp/faqs/housing.html
Q. What is a “notice of eviction”?
A. A notice of eviction is a written notice from a city marshal warning a tenant that he or she has to move out.
Q. I received eviction papers called a “Notice of Petition” and a “Petition” saying that I didn’t pay my rent. What should I do?
A. If you aren’t going to have a lawyer for the case, go to the Clerk’s Office of the court named in the papers within 5 days of receiving them. Call your lawyer immediately if you have one.
Q. What happens if a tenant doesn’t answer the legal papers or a landlord or tenant misses the court date?
A. If a tenant does not answer the court papers or misses a court date, the landlord could win a judgment which could make an eviction. If a landlord misses a court date, the case could be thrown out.
Q. What should a tenant bring to court?
A. A tenants should bring all money order receipts, canceled checks, or other receipts related to rent payment. A tenant should also bring a copy of the lease and lease renewal, if any, and records, including pictures and notes about problems with the apartment. Bring receipts for materials purchased to repair the apartment, if any.
Q. What happens if I need a postponement (a later court date)?
A. Ask for an “adjournment,” which is the same as a postponement. Sometimes both parties can agree to “adjourn” the case to another day and let the judge know that. When they do not agree, the person wanting the adjournment must ask the judge for one.
Q. In an eviction case, what happens if a tenant and a landlord can’t agree?
A. They will have a trial. The landlord will have to prove the case. If the landlord can’t prove the case, it will be thrown out; if the landlord proves the case, the landlord will get a judgment against the tenant for the eviction.
Q. What is an Order to Show Cause?
A. An Order to Show Cause is a written request to bring the case to a Judge for a reason or reasons in the Order to Show Cause papers. An Order to Show Cause must be signed by a judge and will state the date, time, and courtroom for the court hearing.
Q. What is an inspection?
A. In a case where a tenant claims that items or conditions in an apartment need repair, an inspector (who is not in the case) can be sent to the tenant’s apartment to look at the claim. A tenant may request an inspection when he or she first comes to the Clerk’s Office or on the first court date.
Q. What is an HP action?
A. This is a court case started by a tenant to have a landlord make repairs to an apartment. (The “H” is for “housing” and the “P” is for “part.”) Usually, the cost to start an HP action is $35.00. If a tenant can’t afford the filing fee, he or she can get forms from the Clerk for starting the action without paying the fee. A court can order an apartment inspection date and a date, time, and courtroom where the tenant and landlord must go.