New York Eviction Defense — LSC-Grade Legal Packet
Jurisdiction-correct document templates. Not legal advice.
1. Eligibility Checker — Who This Packet Helps
- [ ] You rent an apartment, house, or room in New York State
- [ ] You have lived there for 30+ consecutive days (you are a tenant, not a transient guest)
- [ ] Your landlord has served you with eviction papers (Notice of Petition and Petition)
- [ ] You want to defend yourself in Housing Court, City Court, or Justice Court
- [ ] You have a legal defense OR need more time to move
File at: New York court finder: https://www.nycourts.gov/courts/
2. Required Forms for Eviction Defense
| Form Name | Purpose | Where to Get It |
|---|---|---|
| Answer (oral or written) | Respond to landlord's petition | Create your own or use court forms |
| Order to Show Cause | Request emergency stay of eviction | Court clerk or online at NY Courts website |
| Fee Waiver Application (Poor Person Order) | Waive filing fees | Court clerk or nycourts.gov |
| HP Action Petition (optional) | Sue landlord for repairs | Housing Court clerk |
| Roommate/Non-Party Affidavit | If others live with you | Create your own |
Key Forms Links:
- NYS Unified Court System: nycourts.gov/forms
- NYC Housing Court: nycourts.gov/courts/nyc/housing
- Legal Aid Society forms: legalaidnyc.org
3. Step-by-Step Filing Instructions
Step 1: Read the Papers Carefully
- Petition — explains why landlord wants to evict you
- Notice of Petition — tells you the court date, time, and location
Step 2: Count the Days
Step 3: Go to Court on the Scheduled Date
Step 4: Answer the Petition (Orally or in Writing)
Step 5: Request a Fee Waiver (If You Cannot Afford Fees)
Step 6: Attend All Court Dates
5. Filing Checklist
- [ ] Notice of Petition and Petition (the papers your landlord served)
- [ ] Proof of payment (receipts, canceled checks, bank statements) — if you paid rent
- [ ] Your lease (if you have one)
- [ ] Photos of apartment conditions (if you claim warranty of habitability)
- [ ] Copies of complaints filed with HPD, 311, or building department
- [ ] Letters or texts from landlord showing communication
- [ ] Witness contact information (if anyone can support your case)
- [ ] Proof of income (for fee waiver application)
- [ ] Photo ID (driver's license, state ID, passport)
- [ ] Social Security card or ITIN (may be requested)
LEGAL AID
- Legal Services of the Hudson Valley: lshv.org · 1-877-574-8529
- Legal Aid Society of NYC: legal-aid.org · (212) 577-3300
- NY Courts Self-Help: nycourts.gov/selfhelp · (212) 428-2104
- Legal Services NYC: legalservicesnyc.org · (212) 431-7200
11. Sample Answer Language
When answering the petition, you can include language like:
`
I, [YOUR NAME], deny the allegations in the Petition and assert the following defenses:
- BREACH OF WARRANTY OF HABITABILITY: The premises contain serious
conditions including [list: no heat, mold, pests, broken plumbing, etc.]
which the landlord has failed to repair despite notice.
- IMPROPER SERVICE: The Notice of Petition and Petition were not served
in accordance with RPAPL § 735.
- PAYMENT: I paid the rent owed on [DATE] and have proof of payment.
- RETALIATION: Landlord is evicting me because I [complained to HPD,
organized with other tenants, asserted my legal rights].
- LACK OF STANDING: Petitioner has not proven they own the building
and have the right to collect rent.
WHEREFORE, I request that the petition be dismissed with prejudice.
Date: ________________
Signature: ________________
`
*Not legal advice. Jurist-Diction is not a law firm. Templates are jurisdiction-correct.
Verify current law before filing. For legal advice contact a licensed New York attorney or legal aid. jurist-diction.com*