Understanding Nonpayment Proceedings in NYC Eviction Laws

If your landlord claims that you owe rent, you might be getting eviction-related paperwork, or notices about something called a nonpayment proceeding. It can be confusing, scary, and leave you wondering where to turn for help.

Understanding NYC eviction laws is essential for protecting yourself. In this blog, the Outerbridge Law team takes a look at what you should know about nonpayment of rent proceedings in New York City. Let’s get right to it!

What is a Nonpayment Proceeding?

In a nonpayment proceeding, the landlord claims that you owe rent. If the landlord wins the proceeding, the court will award what is known as a money judgment of possession.

A money judgment allows the landlord to go after any assets you may have, such as bank accounts or salary, in order to collect the rent that is owed. The possessory judgment means that if you do not pay the amount that is determined by the court, the landlord has the ability to request a warrant of eviction and have the city marshal remove you from your home.

However, if you pay the money judgment in time, the possessory judgment will be satisfied and therefore you cannot be evicted.

Can a Landlord Evict You Without First Taking You to Court?

No; you can’t be evicted without being taken to court first. It’s illegal for a landlord to force a tenant out by any other method, such as changing the locks.

Landlords in New York City can only legally evict a tenant by obtaining a judgment of possession from a court and then having a marshal apply for a warrant of eviction. An actual, physical eviction can only legally take place after the tenant has been given notice of the court proceeding and an opportunity to come to court in order to present a defense.

Requirements for Bringing Nonpayment of Rent Cases to Court

Before your landlord can bring a nonpayment of rent case to court, the following things must happen:

• Your landlord must demand that rent be paid, state how much rent is owed, and state that if not paid, you will be evicted. This notice must be written and allows you fourteen days to make a payment after your rent is due.

• After you receive the fourteen day written demand for the rent payment, your landlord is able to file a nonpayment proceeding at Housing Court and serve papers to you. The court will also mail a notice of the court proceeding which will direct you to answer the petition within ten business days.

• You must answer the petition in person at the Housing Court Clerk’s office. Then, the clerk will give you a court date.

• On the court date, you will be given the opportunity to present defenses to a Housing Court judge. In many cases, tenants and landlords meet in the courthouse and sign an agreement known as a stipulation. As a general rule, you should avoid signing anything you don’t understand, and always consult with an attorney when possible when eviction proceedings are concerned.

If you have paid the overdue rent within the time allowed, your landlord should not proceed with the case. However, if you still receive papers directing you to appear in court even though you no longer owe any money, be sure to do so. Your failure to appear could result in a default judgment in favor of your landlord.

How Should Your Landlord Serve You Eviction Papers?

Your landlord is required to have the eviction court papers served to you in one of the following ways:

• By having someone not involved in the case hand you the court papers personally.

• By having someone not involved in the case hand the papers to an adult who lives or works in your home or mail them to you by certified and regular mail.

• If you are not home, by taping the papers to your door or slipping the papers under your door, as well as mailing them to you by certified and regular mail

If your landlord does not serve you eviction papers, they may not be compliant with the legal eviction process.

How Do Stipulations Work and What Should You Be Careful About?

There’s often a large amount of pressure placed on tenants to settle nonpayment cases by signing a stipulation. Stipulations are signed by the judge and become a binding court order between the landlord and the tenant. You are not required to settle the case, and it will be up to you whether or not it is in your best interests to do so. Unfortunately, tenants are usually at a disadvantage when negotiating stipulations.

Therefore, always be cautious of stipulations containing the following:

• A requirement to do something you can’t: This can be something such as paying a certain amount by a specific date. Many tenants have been evicted due to unnecessarily agreeing to overly optimistic amounts and dates. This is because the agreements, which are written by the landlords’ attorney, often state that if the money is not paid upon the agreed date, the landlord can enter a judgment and obtain a warrant of eviction.

• Language or provisions you aren’t comfortable with or don’t understand: You have the right to negotiate over the language of a stipulation and to object to any provision. The landlord wants to settle the case and therefore, you have leverage to alter the stipulation so long as you stand your ground. You are also able to ask the judge or their law assistant to help create an agreement.

Contact Outerbridge Law For a Lawyer You Can Trust

Facing eviction can be overwhelming and thrust you into the complex legal system when you are most vulnerable. Landlords and their attorneys will often try to have you sign papers or stipulations full of language designed to confuse anyone without legal experience. To protect yourself and stay in the place you call home, contact Outerbridge Law today for a case consultation.