Facing eviction in New York City can feel overwhelming. But if you've received a nonpayment petition, the most important thing to remember is: you have 10 days to respond by filing an Answer. If you miss this deadline, the court may enter a default judgment against you, and your landlord can proceed with eviction—even if you had valid defenses.
In this guide, we'll walk you through how to file an Answer in NYC Housing Court, step by step, so you can protect your rights and stay in your home.
What Is an Answer?
An Answer is your formal written response to the landlord’s petition. It tells the court your side of the story and outlines any defenses or counterclaims you have.
By filing an Answer, you ensure your case is heard, and you prevent an automatic loss.
How Long Do I Have to File?
You must file your Answer within 10 calendar days of receiving the nonpayment petition. If you received it by mail, you may have slightly more time, but don’t delay—act fast to be safe.
Step-by-Step: How to File Your Answer
Step 1: Prepare Your Answer
You have a few options:
Use the Housing Court’s free form: Visit the NYC Housing Court in person and request a free Answer form.
Use an online tool: Platforms like LawHax help you build a court-ready Answer in under 10 minutes.
Hire an attorney: If you can afford one, legal representation greatly improves your chances.
Your Answer should include:
Your defenses (e.g., “I paid my rent,” “The apartment is unsafe”)
Any counterclaims (e.g., for repair issues or overcharges)
Tip: Be clear and honest. In plain English, just tell your story and stick to the facts.
Step 2: Make Multiple Copies
Print at least two copies of your completed Answer:
One for the court
One to mail to your landlord’s attorney (or landlord, if she has no attorney)
Step 3: Serve the Landlord
Mail a copy of your Answer by regular first-class mail to:
Your landlord’s attorney (if they have one), or
Your landlord directly (if no attorney is listed)
This is called service and it’s required by law.
Step 4: Complete the Affidavit of Service
This is a simple form that tells the court you mailed the Answer.
Get it at the Housing Court or download it from the NYC Housing Court website.
Fill it out and sign in front of a notary (many post offices and banks provide notarization).
Step 5: File with the Court
Bring your Answer and notarized Affidavit of Service to your local Housing Court clerk’s office.
The clerk will stamp your documents and enter them into the case file.
Ask for a stamped copy for your records.
Find your borough’s Housing Court here.
What Happens Next?
Once you’ve filed, the court will schedule a hearing date, and both sides will appear before a judge.
At the hearing:
The judge may offer mediation or set the case for trial.
If you filed defenses and counterclaims, those will be reviewed.
What If You Missed the 10-Day Deadline?
If more than 10 days have passed, you may still have options:
File a motion called an Order to Show Cause to explain why you missed the deadline.
If granted, the court may let you file a late Answer and proceed with your case.
Need Help?
Free legal assistance may be available:
Legal Aid Society – The Legal Aid Society provides free legal services to low-income New Yorkers, including representation in Housing Court for tenants facing eviction. Call 212-577-3300 to see if you qualify.
Right to Counsel – Provides tenants facing eviction in Housing Court or NYCHA administrative proceedings access to free legal representation and advice. Call 718-557-1379 or visit the site to check eligibility.
NYLAG – New York Legal Assistance Group (NYLAG) offers free civil legal services, including housing defense for tenants. You can call 212-613-5000 or visit their website to apply for help with your eviction case.
LawHax – Build your Answer online in minutes using our easy step-by-step wizard. Free preview available. Download a fully editable version for a small fee—perfect if you can't afford a lawyer but still want to fight back with confidence.
Summary: Filing Your Answer in 5 Steps
Prepare your Answer
Make two copies
Mail one to your landlord (service)
Fill out and notarize the Affidavit of Service
File the Answer and affidavit with the court
Don’t wait. If you’ve been served, file your Answer today. It could be the difference between staying in your home or being evicted.
