ClearIf you've received a Notice of Petition and Petition from your landlord, you're facing an eviction case in New York City Housing Court. This is serious — but you have rights, and how you respond matters enormously.
of NYC eviction warrants result from tenants not answering properly or not showing up — a "default judgment"
This guide explains how to file an Answer to an eviction petition, what defenses you may have, and the critical deadlines you must meet.
⚠️ This Is Not Legal Advice
This guide provides general information about NYC Housing Court procedures. It is not a substitute for legal advice. If you're facing eviction, contact Housing Court Answers at 212-962-4795 or call 311 and ask for the "Tenant Helpline" to find free legal assistance.
What Are the Two Types of Eviction Cases?
NYC landlords file one of two types of eviction petitions:
Nonpayment Case
Your landlord claims you owe rent. Before filing, they must serve you with a written 14-day rent demand. You have 10 days after receiving the petition to file your Answer.
Holdover Case
Your landlord wants you to leave for a reason other than rent — lease violation, expiration of lease, or other grounds. Holdover cases are more complex and often require legal help. You typically answer on the court date itself.
Critical Deadlines: When You Must Answer
How to File Your Answer
You can answer your petition in two ways:
1. Answer Orally (In Person)
Go to the Housing Court Clerk's Office in your borough. Tell the clerk your defenses, and they will fill out a form (Answer In Person) for you. Check it carefully before you leave — make sure everything you said is recorded.
2. Answer in Writing
You can download the Answer in Writing (Form CIV-LT-91a) from the NYC Courts website, fill it out, and serve it on your landlord (or their attorney) before filing it with the court. This is more complex but allows you to be more detailed.
Free DIY Form Tool
If you live in a rent-stabilized or NYCHA apartment, you can use the court's free Nonpayment Answer DIY Program at nycourts.gov to prepare your Answer online.
Common Defenses in Nonpayment Cases
Your Answer should include any defenses that apply to your situation. Here are the most common:
1. I Paid the Rent
If you've already paid all or part of the rent claimed, this is a complete or partial defense. Bring proof — receipts, bank statements, cancelled checks.
2. Warranty of Habitability
Your landlord failed to maintain the apartment in livable condition — no heat, no hot water, pests, mold, or other serious repair issues. You can request a rent abatement (reduction) and ask for an inspection.
3. Improper Service / Bad Service
The landlord didn't deliver the rent demand or petition correctly. For example, they only gave 3 days' notice instead of 14, or they didn't serve you at all. If the court agrees, the case gets dismissed and the landlord must start over.
4. Rent Overcharge
The landlord is claiming more than the legal rent. This is especially relevant for rent-stabilized apartments. You can only be sued for the correct legal rent.
5. Retaliation
The landlord is suing you in retaliation for complaining about conditions, joining a tenant association, or contacting a government agency. This is illegal.
6. Landlord Refused Payment
You tried to pay but the landlord wouldn't accept it — they wouldn't cash your check, avoided you, or refused your money order.
Good Cause Eviction: New Protections (April 2024)
New York's Good Cause Eviction law provides additional protections for many tenants in market-rate (unregulated) apartments:
- Landlords must have a "good cause" reason to evict you
- You can challenge rent increases above the local rent standard (inflation + 5%, max 10%)
- If you couldn't pay because the increase was unreasonable, this may be a defense
The law applies to cases filed after April 20, 2024. Not all apartments are covered — check if your building qualifies.
What Happens After You Answer?
Once you file your Answer, the court will schedule a hearing. Here's what to expect:
- Conference or Resolution Part: You may first be sent to try to negotiate a settlement (a "stipulation") with the landlord
- Trial: If you can't settle, the case goes to trial before a Housing Court judge
- Judgment: The judge decides the case. If you lose, the landlord gets a "warrant of eviction" — but the marshal must give you 14 days' notice before the actual eviction
⚠️ Do Not Miss Your Court Date
If you don't show up, the landlord will likely get a default judgment against you. Show up, even if you don't have a lawyer — you can ask for an adjournment to find one.
Free Legal Help in NYC
New York City has a Right to Counsel law — if you're low-income and facing eviction, you may be entitled to a free lawyer. Contact:
- Tenant Helpline: Call 311 and say "Tenant Helpline"
- Housing Court Answers: 212-962-4795
- Housing Court Help Center: Available in each borough courthouse
- Right to Counsel eligibility: Visit nycourts.gov/evictions/nyc/
Key Takeaways
- Don't ignore eviction papers — 40% of eviction warrants are from tenants who didn't respond
- File your Answer on time — 10 days for nonpayment cases
- Include all your defenses — conditions, improper service, payment, retaliation
- Show up to court — even without a lawyer
- Seek free legal help — you may qualify for Right to Counsel
Need Help Preparing Your Answer?
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