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How to file — Eviction defense — Answer to petition

Civil Court of the City of NY — Housing Part (your borough)

Right to Counsel — read this first. NYC tenants in eviction proceedings who are below 200% of federal poverty have a right to a free attorney under NYC Local Law 136 of 2017. Call 311 → Tenant Helpline the day you receive court papers. A lawyer is always better than a pro se Answer in a real eviction.

Deadline

Answer due within 10 days of service in non-payment; varies in holdovers — check the petition

NY RPAPL §§ 711, 731, 732, 741, 745, 749. NY RPL §§ 223-b (retaliation), 235-b (warranty), 235-e (notice). 22 NYCRR Part 208.

How to submit

IN-PERSON

File the Answer at the Housing Court of your borough

You have 5–10 days from service of the petition to answer (depending on type of proceeding). File in person at the clerk's window.

ONLINE

NYS Courts e-filing (where authorized)

https://nycourts.gov/courthelp/Homes/answeringEvictionPaper.shtml

Some boroughs allow e-filing of certain answers. Confirm at the clerk's window.

PHONE

NYC Tenant Helpline (free legal screening)

Phone: 311

Right to Counsel (NYC Local Law 136 of 2017) provides free attorneys to income-eligible tenants in eviction proceedings.

NYC Housing Court — by borough

Eviction proceedings are filed in the Housing Part of the Civil Court of the City of NY in the borough where the apartment is located. File your Answer in person at the borough courthouse's clerk's window.

Manhattan

Civil Court of the City of NY — Housing Part
111 Centre Street
New York, NY 10013

Bronx

Bronx Housing Court
1118 Grand Concourse
Bronx, NY 10456

Brooklyn

Kings County Housing Court
141 Livingston Street
Brooklyn, NY 11201

Queens

Queens Housing Court
89-17 Sutphin Boulevard
Jamaica, NY 11435

Staten Island

Richmond County Housing Court
927 Castleton Avenue
Staten Island, NY 10310

What to attach

Copy of the petition served on you
Lease and rent receipts
Photos of any habitability defects (warranty defense)
Records of any prior code complaints, 311 calls, or HP actions (retaliation)
Proof of any payments made (canceled checks, money orders, bank statements)
Any written communications with landlord re: rent, repairs, harassment

Pro tips

You have a right to a free attorney if you are income-eligible (Right to Counsel — NYC Local Law 136 of 2017). Call 311 → Tenant Helpline before your court date.
Common defenses: defective 14-day rent demand (RPAPL § 711(2)), warranty of habitability rent abatement (RPL § 235-b), retaliation (RPL § 223-b), defective petition (RPAPL § 741), improper service.
Cure right under RPAPL § 749 — even at the eve of warrant execution, a tenant can pay arrears and stop the eviction in nonpayment cases.
Never miss a court date. A default judgment is much harder to vacate than to fight.

Citations the letter relies on

NY RPAPL § 711 — NY Real Property Actions and Proceedings Law § 711 (Grounds for summary eviction)
NY RPAPL § 741 — NY Real Property Actions and Proceedings Law § 741 (Petition contents)
NY RPL § 235-e — NY Real Property Law § 235-e (Receipts; written notice of nonpayment — HSTPA)
NY RPAPL § 711(2) — NY Real Property Actions and Proceedings Law § 711(2) (Nonpayment — 14-day rent demand required)
NY RPL § 223-b — NY Real Property Law § 223-b (Retaliatory eviction — affirmative defense)
NY RPAPL § 745 — NY Real Property Actions and Proceedings Law § 745(2) (Adjournments; rent deposit)
22 NYCRR Part 208 — 22 NYCRR Part 208 (Civil Court — Uniform Civil Rules; Housing Part)
NY RPAPL § 749 — NY Real Property Actions and Proceedings Law § 749 (Warrant of eviction; cure)

Tenant Defender is research and self-help. Not legal advice. For complex eviction or harassment cases, contact a NY tenant attorney or Met Council on Housing (311 → tenant rights).