Housing - Housing - HP Proceedings

The court will retain the original Order to Show Cause (OSC) so that it can be placed on the court's calendar. The OSC will contain a date when you should return to court. It will also tell you to go to Room 306 at 9:30 a.m. on that date.   You must come to court on that date and you must arrive no later than 9:30 a.m. If you do not show up or if you are late, your case will be dismissed by the court. There will be nothing you can do, even if you arrive late. Your only option will be to start the case over or make a motion to vacate the dismissal if you had a very good reason for being late. This type of motion is difficult for tenants to make on their own.

When you arrive at court, go to Room 306 and wait for the calendar to be called. If you step out for a few minutes you may not hear your name, and your case will also be dismissed even though you were there. This means you would also have to start over again.

Remember to take your proof of service to court. This is essential. Without this proof your case may also be dismissed. You must bring with you the certified mailing receipts with the certified numbers on them from the post office, for your landlord and for HPD. Also, take with you the green return receipt cards if you have received them and your Affidavit of Service. The Affidavit must be filled out and notarized and must describe how you served the papers.

When your case is called, if you are ready to proceed with your case, answer "tenant ready." Then, one of several things may happen.

• The landlord may answer "ready" too. In this case the court or an HPD attorney will discuss your case with you and your landlord. If there is an inspection report and the landlord agrees to repair the listed violations, you will enter into a consent order with the landlord, in which he will agree to make repairs within specific time periods depending on the seriousness of the violations. You will be given a copy of the consent order signed by the parties and the judge. If the landlord does not agree to make the repairs, the court may hold a trial. At the trial if the judge finds that there are violations, the judge will order the landlord to remove the violations within a stated number of days, depending on how serious the violations are. If the landlord does not make the repairs within the stated time, you can take the case back to court for ~ hearing on fines against the landlord.

  A lawyer for the New York City Department of Housing Preservation and Development (HPD) may represent the Department and assist you at the trial. Although HPD attorneys do not actually represent tenants, they are often helpful. Get the name and telephone number of the HPD attorney. A copy of the order signed by the judge will be mailed to you. If you need to take the case back to court because the landlord has not made the repairs, try to contact the HPD attorney first.  

• If the landlord does not answer at all, you will have an "inquest." This is a one-sided trial at which you present your evidence. In this situation you must have full proof of service or your case will be dismissed. You will be questioned directly by the judge regarding service and conditions in your apartment. Following this, the judge will likely order the landlord to correct all the violations on the inspection report. In this situation it also may be possible to ask the judge to consider additional conditions. The order will be written by the clerk and will be mailed to you and served on your landlord by HPD. It will go into effect when you receive it by mail.

• The landlord may answer "application." This means the landlord wants an adjournment, or delay of the case, to another day. Unless you also want a postponement, you should oppose this by telling the judge that you are ready to prove your case. Tell the judge about any violations in your apartment. If you oppose the adjournment, the judge will decide whether to hold the trial or delay it. If the judge decides to delay the case, urge the judge to grant only a short delay, especially where your conditions are serious. Also, ask the judge to mark the file on your case "final against landlord." This means that the trial must be held on the new date and that the landlord cannot get another adjournment for any reason. If the case is postponed, be sure the new date is one on which you can come back. Write down the date and room number of your next appearance.

If you are not ready for the trial, answer "tenant application" and explain to the judge why you need an adjournment. You may need time, for example, to get a witness or to compile evidence to help you win the case.

Sometimes the landlord will want to discuss "settling" the case. The best settlement for a tenant is to have the landlord consent to an order to correct the violations. This has the same effect as an order after trial. The landlord may propose other types of settlements. You must decide whether they will actually solve your problem. Do not sign anything unless you understand it. You have the right to a trial if you are not happy with the proposed settlement.

In court you should be firm, yet polite. Bring as much proof as you can, such as witnesses, letters, documents, records and photographs. Do not be afraid if the landlord has a lawyer.

Rent is not an issue in an HP action, although the landlord may bring it up in court. If this happens, tell the judge that you object and ask that the hearing cover only the violations.

If HPD has recorded violations in your building or apartment, they should show up on a courtroom computer. Ask the judge or the HPD lawyer to get the information out of the computer.