What Happens at Housing Court?

A Step-by-Step Guide for NYC Tenants Facing Eviction

If you've been summoned to Housing Court in New York City, you're probably overwhelmed, confused, or even scared. You're not alone.

Each year, tens of thousands of NYC tenants are called into court over rent-related issues — and most don’t have lawyers. But understanding what happens at Housing Court can give you a huge advantage.

This article explains the entire process in plain English — from your first court notice to the final outcome — so you can protect your home and your rights.

What Is NYC Housing Court?

Housing Court is a special branch of New York City's Civil Court that handles disputes between landlords and tenants. This includes:

• Eviction cases (nonpayment or holdover)

• Rent overcharge claims

• Illegal lockouts

• Repairs and building violations

If you've received a legal document titled “Notice of Petition” or “Petition – Nonpayment Proceeding,” you're being taken to Housing Court.

Step 1: You Receive Court Papers

What papers will you receive?

You may get:

• A Rent Demand Notice (from your landlord before court action)

• A Notice of Petition and Petition (legal papers saying you're being sued for unpaid rent)

Once served, you must respond within 10 days by filing an Answer in Housing Court.

Step 2: File Your Answer (Within 10 Days)

Before you even go to court, you must respond in writing to the claims made against you. This is called your Answer.

Your Answer tells the court:

• Whether you agree or disagree with what the landlord said

• What defenses or counterclaims you have

Once filed, the court will schedule a hearing or conference date.

If you don’t file your Answer in time, the landlord can request a default judgment — meaning you automatically lose.

✅ Tip: Use LawHax to file your Answer in minutes — no lawyer needed.

Step 3: Show Up for Your Court Date

Where to go:

Look at the address listed on your court papers — that’s your borough’s Housing Court.

There are five Housing Courts in NYC:

• Bronx: 1118 Grand Concourse, Bronx, NY 10456

• Brooklyn: 141 Livingston Street, Brooklyn, NY 11201

• Manhattan: 111 Centre Street, New York, NY 10013

• Queens: 89-17 Sutphin Boulevard, Jamaica, NY 11435

• Staten Island: 927 Castleton Avenue, Staten Island, NY 10310

What to bring:

• Your court papers (petition and Answer)

• Rent receipts, letters, or messages from your landlord

• Any photos or proof of poor conditions

• ID and any notices you've received

Step 4: What Actually Happens at Court?

Your day in Housing Court may follow these steps:

1. Check In

Go to the clerk’s window or courtroom and let them know you’re present.

2. Settlement Conference

Before seeing a judge, most tenants meet with:

• A court attorney (a neutral mediator)

• The landlord’s lawyer (or the landlord if unrepresented)

You’ll have a chance to discuss:

• Possible payment plans

• Repairs or habitability issues

• Getting time to apply for rental assistance

3. Negotiation or Stipulation

If you and the landlord reach a deal, you’ll sign a stipulation — a written agreement that becomes part of the court record.

4. Hearing or Trial (if no agreement)

If you don’t settle, the case may go before a judge. You’ll have the chance to:

• Present evidence

• Tell your side of the story

• Cross-examine the landlord or witnesses

The judge can make a decision that day or set another court date for trial.

What Can the Judge Decide?

The judge may:

• Give you more time to pay or find new housing

• Order the landlord to make repairs

• Dismiss the case if the landlord didn’t follow proper procedure

• Issue a warrant of eviction (if the landlord wins)

Even if you lose, you may still have a chance to stay — by filing an Order to Show Cause to stop or delay the eviction.

Do I Need a Lawyer?

While not required, having a lawyer makes a huge difference. In NYC:

• Tenants with lawyers are up to 19 times more likely to keep their homes

• Many tenants are eligible for free legal aid under the Right to Counsel law

Ask at the courthouse or call:

• 311 → Ask for the “Tenant Helpline”

• Legal Aid Society

• Legal Services NYC

• Neighborhood Tenant Organizations

FAQs About Housing Court

Q: What if I miss my court date?

A “default judgment” may be entered against you and lose automatically. Go to court ASAP and ask to file an Order to Show Cause to reopen your case.

Q: What if I can’t pay right now?

You may be able to:

• Apply for rental assistance (e.g., One Shot Deal)

• Negotiate a payment plan in court

• Delay eviction while seeking aid

Q: Will I go to jail?

No. Housing Court is civil, not criminal. You won’t be arrested for owing rent.

Summary: What You Need to Know

• NYC Housing Court handles eviction cases — you must show up and speak up

• Always file an Answer within 10 days of receiving court papers

• Don’t sign any agreements without understanding the consequences

• You may qualify for a free lawyer

• Even if you’re behind on rent, you still have rights

Need Help Filing Your Answer?

LawHax helps tenants create and download an official Housing Court Answer in under 10 minutes. No legal jargon. No confusion. Just protection.

👉 Start Your Answer Now