New York Eviction Defense Answer — Your Filing Guide
What This Document Does
This is an Answer to a landlord's eviction petition (called a "summary proceeding" in New York). Filing this document tells the court you disagree with the eviction and gives you a chance to present your defenses at a hearing.
When to Use This
- You received a Notice of Petition and Petition from your landlord
- Your landlord is trying to evict you for non-payment of rent
- Your landlord is trying to evict you as a "holdover" tenant
- You have defenses like bad conditions in your apartment, retaliation, or improper notice
Before You File
Gather these items:
- [ ] Your lease or rental agreement (any written document you have)
- [ ] All rent payment records (receipts, bank statements, money order receipts)
- [ ] Any written notices from your landlord
- [ ] The Notice of Petition and Petition you were served
- [ ] Photos or evidence of problems in your apartment (if claiming warranty of habitability)
- [ ] Copies of any complaints you made to HPD, 311, or other agencies
- [ ] Photo ID
- [ ] $45 filing fee in cash, money order, or credit card (or see fee waiver below)
Step-by-Step Filing
- Complete the Answer form. Fill in every blank field. Check all defenses that apply to your situation.
- Make 2 copies. Keep one for yourself. You will file the original and one copy with the court.
- Go to the Housing Court in your borough.
- Bronx: 1118 Grand Concourse (near 161st Street)
- Brooklyn: 141 Livingston Street (near Smith Street)
- Manhattan: 111 Centre Street (near Worth Street)
- Queens: 89-17 Sutphin Boulevard (near Jamaica Avenue)
- Staten Island: 927 Castleton Avenue
- Find the Clerk's Office. Tell them you need to file an Answer to a summary proceeding.
- Pay the $45 filing fee.
- Fee Waiver: If you cannot afford $45, ask for a Fee Waiver Application (also called a Poor Person Order). You will need to show proof of low income (pay stubs, public assistance letter, SSI letter, unemployment benefits letter).
- The clerk will stamp your copy. Keep this stamped copy — it proves you filed on time.
- You will get a court date. Write it down immediately. Do not miss this date.
- Mail a copy to your landlord or their lawyer. Do this at least a few days before your court date.
At Your Hearing
Bring:
- Your stamped copy of the filed Answer
- Your lease or rental agreement
- All rent receipts and payment records
- Photos of any problems in your apartment
- Copies of complaints you made to 311 or HPD
- Any witnesses who can testify about conditions
Say:
- "Your Honor, I am [YOUR NAME], the tenant. I filed an Answer on [DATE]."
- "I have defenses to this eviction proceeding."
- Present your documents when asked.
- If you have counterclaims (like breach of warranty of habitability), tell the judge: "I have a counterclaim for [describe]."
Common Defenses in New York
- Warranty of Habitability — Your apartment has serious problems (no heat, no hot water, mold, pests, broken windows, etc.) that the landlord has not fixed. You may be entitled to a rent reduction.
- Retaliation — Your landlord is evicting you because you complained about conditions, called 311, joined a tenant organization, or exercised your legal rights.
- Improper Notice — The landlord did not give you proper notice before starting the eviction case, or the notice of petition was not served correctly.
- Payment Accepted — If your landlord accepted rent after the alleged default, they may have waived the right to evict.
- Improper Charges — Under NY law, landlords cannot seek late fees, attorney's fees, or other charges (only rent) in a summary eviction proceeding.
Important Deadlines
- You must file your Answer before or at the time of your first court appearance
- Do not miss your court date — if you don't show up, the landlord can get a default judgment and evict you
Legal Aid Resources
If you need free legal help:
- Legal Aid Society (NYC): (212) 577-3300 — Free legal services for low-income tenants
- Housing Court Answers: (212) 962-4795 — Free information and help at Housing Court
- NY State Bar Legal Help: https://nysba.org/need-legal-help — Find free legal aid by county
- Right to Counsel (NYC): If you live in a ZIP code covered by the Right to Counsel law, you have the right to a free lawyer. Ask at court.
- LSC Finder: https://www.lsc.gov/about-lsc/what-legal-aid/find-legal-aid — Find legal aid anywhere in the US
Disclaimer
This guide and the court document template are for informational purposes only and do not constitute legal advice. Laws change. For legal advice specific to your situation, contact a licensed attorney or the legal aid organizations above.
Not a law firm. Not your attorney. No attorney-client relationship exists.