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Eviction defense — Answer to petition

To: Civil Court of the City of NY — Housing Part

Important: If you have an eviction case in NYC Housing Court, you may have a right to a free attorney under NYC Local Law 136 (Right to Counsel). Call 311 → Tenant Helpline before your court date. This Answer is a self-help backup; a lawyer is always better in a real eviction.

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

How to file →

Your first letter is free. No card, no signup. We will send you to a free preview where you can copy or download.

Tell us what happened

We ask only what we need to write the right letter. About 30 seconds.

Your full name (Respondent) *

Your email (for receipt)

Your phone

Building address *

Apartment number *

Borough where the case is filed *

Petitioner (landlord) name as listed on the petition *

Index number (from petition)

Type of proceeding *

Amount petitioner says you owe (if nonpayment)

Did you receive a 14-day rent demand by certified mail before the petition?

Is the apartment rent-stabilized?

Habitability conditions in the apartment *

List each defect with dates. Add HPD violation numbers if known.

Prior 311 / HPD complaints, HP actions, or organizing activity

Dates and details. Predicate for retaliation defense under NY RPL § 223-b.

Payments you have made (rent, security, etc.)

Dates, amounts, methods (check, money order, online).

Anything else the court should know

Free preview before any payment.

What this letter will cite

NY RPAPL § 711 — Limits the grounds on which a landlord may bring a holdover or non-payment proceeding. Pleadings must specify ground and notice prerequisites.
NY RPAPL § 741 — Petition must allege the parties, premises, the lease/tenancy, the ground for eviction, and demand judgment. Defective petition is dismissible.
NY RPL § 235-e — Landlord must give written notice by certified mail when rent is more than 5 days late, before commencing nonpayment.
NY RPAPL § 711(2) — HSTPA replaced 3-day demand with 14-day written rent demand. Demand must specify the period and amounts. Defective demand bars maintenance of the proceeding.
NY RPL § 223-b — Eviction within 1 year of a tenant code complaint, court action, or organizing activity is presumptively retaliatory.
NY RPAPL § 745 — Court may require deposit of rent during pendency only after specific findings; HSTPA limited the prior 30-day deposit pressure.
22 NYCRR Part 208 — Procedural rules of the NYC Housing Court (Civil Court of the City of NY, Housing Part).
NY RPAPL § 749 — Tenant has a statutory cure right at any time before warrant execution by paying the arrears in non-payment cases.

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).