New York Eviction Defense — LSC-Grade Legal Packet

This document is for informational purposes only and does not constitute legal advice. For legal advice, contact a licensed New York attorney or your local legal aid organization.

1. Eligibility Checker — Who This Packet Helps

You may use this packet if:

• [ ] 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

You are NOT eligible for this packet if:

• You are a squatter (entered without permission and have no lease or tenant relationship)
• You are facing foreclosure (different process — see foreclosure packet)
• You live in federally subsidized housing with different procedures (Section 8, NYCHA)

2. Required Forms for Eviction Defense

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

Your landlord must serve you with:

1. Petition — explains why landlord wants to evict you
2. Notice of Petition — tells you the court date, time, and location

If you did NOT receive both documents, the case may be legally defective.

Step 2: Count the Days

Check when you were served and when court is scheduled:

• You must receive at least 10 days' notice before the court date (non-payment cases)
• You must receive at least 7 days' notice before the court date (holdover cases)
• If service was defective (nail-and-mail without proper personal service attempts), you may have a defense

Step 3: Go to Court on the Scheduled Date

• Arrive early (30+ minutes before your scheduled time)
• Bring all documents and evidence
• Dress appropriately — you are appearing before a judge

Step 4: Answer the Petition (Orally or in Writing)

At your first court appearance, you can:

• Answer orally — the clerk will record your defenses
• Submit a written answer listing all defenses

Common defenses to include in your answer:

• Landlord did not properly serve papers (RPAPL § 735)
• Landlord accepted rent after sending notice (waiver)
• Apartment has serious code violations (warranty of habitability)
• Landlord is retaliating against you for complaining
• Landlord is discriminating against you
• You paid the rent owed (in non-payment cases)

Step 5: Request a Fee Waiver (If You Cannot Afford Fees)

• Ask the clerk for a "Poor Person Order" application
• Fill out the form showing your income and expenses
• Submit to the judge for approval

Step 6: Attend All Court Dates

• Missing a court date = automatic judgment against you
• If you cannot attend, file an Order to Show Cause to reschedule

4. Court Information — New York Eviction Courts

New York City (5 Boroughs)

Filing Fee (NYC Housing Court): $45 (can be waived with Poor Person Order)

Long Island

Upstate New York (Major Cities)

Fee Waiver Info: If you receive public assistance, SSI, or have very low income, ask for a "Poor Person Order" under CPLR § 1101 to waive filing fees.

5. Filing Checklist

Before going to court, bring:

• [ ] 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)

6. What to Bring to the Hearing

7. What Happens After Filing

If You Win

• Case dismissed — you stay in your home
• Landlord may have to pay your court costs
• Landlord cannot retaliate against you

If You Lose (Judgment for Landlord)

1. Warrant Issued: Court issues warrant of eviction (RPAPL § 749)
2. 14-Day Notice: Marshal/Sheriff must give you 14 days' written notice before eviction
3. Eviction: Marshal/Sheriff can physically remove you after 14 days

How to Delay Eviction After Losing

Option A: Order to Show Cause

• File emergency motion to stop eviction
• Must show good reason (new evidence, legal error, extreme hardship)
• File at the court clerk's office immediately

Option B: Stay of Eviction (RPAPL § 753)

• Request up to 1 year stay if eviction would cause "extreme hardship"
• Must show you cannot find similar housing in your neighborhood
• Court considers: health issues, children in school, other life circumstances
• You must pay use and occupancy (like rent) during stay

Option C: Pay and Stay (Non-Payment Cases Only)

• In non-payment cases, you can pay ALL rent owed + costs before eviction
• Payment stops the eviction (RPAPL § 731(4))

8. Local Legal Aid Resources (LSC-Funded)

New York City

Long Island

Upstate New York

Statewide Resources

9. Controlling Statute Citations

10. Key Tenant Rights in New York

Anti-Lockout Protection (RPAPL § 768)

Your landlord CANNOT legally:

• Change your locks without giving you a key
• Remove your door
• Turn off your heat, water, or electricity
• Remove your belongings
• Use force or threats to make you leave

If this happens: Call 911, then file an illegal lockout proceeding in Housing Court.

Warranty of Habitability (Real Property Law § 235-b)

You have the right to a safe, livable apartment. If your landlord fails to provide:

• Heat in winter (68°F during day, 62°F at night)
• Hot water (120°F minimum)
• Working plumbing and electricity
• Freedom from vermin and pests
• Working smoke detectors and carbon monoxide detectors

Defense: You can withhold rent or raise this as a defense in eviction court.

Rent Stabilization Rights (If Applicable)

If your apartment is rent-stabilized:

• Landlord can only evict for specific reasons
• You have right to lease renewal
• Rent increases are limited by Rent Guidelines Board
• Contact NYS Homes and Community Renewal: (718) 739-6400

Right to Legal Representation (NYC Only)

In NYC, low-income tenants have right to free legal representation in Housing Court. Contact your borough's legal aid provider (see Section 8).

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:

1. 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.

1. IMPROPER SERVICE: The Notice of Petition and Petition were not served

in accordance with RPAPL § 735.

1. PAYMENT: I paid the rent owed on [DATE] and have proof of payment.

1. RETALIATION: Landlord is evicting me because I [complained to HPD,

organized with other tenants, asserted my legal rights].

1. 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: ________________

`

12. Timeline of New York Eviction Process

Note: Actual timelines vary significantly based on court backlog and whether you contest the case.

Disclaimer

This packet is for informational purposes only and does not constitute legal advice. Every case is different. Laws change. Court rules vary by county.

For legal advice specific to your situation, contact:

• Your local legal aid organization (see Section 8)
• A licensed New York attorney
• NY Courts Help Center: (800) 268-7869

Do not ignore court papers. Failing to respond or appear in court can result in eviction without a chance to defend yourself.

Last Updated: March 2026

Jurisdiction: New York State

Prepared by: Jurist-Diction Legal Content Team