In New York City, housing courts can be a complex and time consuming endeavor. However, be you either a tenant or Landlord, when faced with the prospect of defending or commencing a suit in housing court, the process becomes more difficult. One little problem and you could be spending months or even, in some circumstances, over a year to complete this process. Whether you are a landlord or a tenant, Shiryak, Bowman, Anderson, Gill & Kadochnikov LLP is where you can find the representation you deserve.

What you need to know

In evictions/holdover proceedings, the landlord is seeking to recover possession of their property. That is, the Landlord is trying to evict their tenant. This action is typically commenced with a Thirty/Sixty/Ninety Day Notice, depending on the case. Once the tenant has been served with the Notice, the landlord then files the court papers, called the Notice of Petition and Petition. The Petition will indicate the type of property, the nature of the tenancy, whether back rent is owed and, most importantly, that the landlord is seeking possession of the property. There are many requirements the landlord has to follow in serving these notices and court papers. Any missing items can cause the case to be dismissed and will force the landlord to start all over.

Once a tenant is served with the Notice of Petition and Petition, they must “answer”, otherwise they will default and the landlord wins automatically. That means, you are at risk for eviction. The answer is an opportunity for the tenant to provide a defense to the holdover action. The defenses to these types of actions are lengthy. In many situations, even landlords that are represented by an attorney don’t follow the proper procedure. For these reasons, it is important that a tenant speak to a lawyer to review any paperwork they have received, so that they are able to preserve their rights as tenants. Fortunately, Shiryak, Bowman, Anderson, Gill & Kadochnikov LLP is more than capable of handling your needs in an efficient and effective manner.

A non-payment proceeding, on the other hand, is a housing court action where the landlord chooses to sue the tenant for back rent while a lease is in effect. This action is typically commenced with a three, five or seven day notice (depending on the lease terms). During this notice period, the tenant is given an opportunity to pay back the rent that is alleged to be owed. After the notice period expires, the landlord then files the court papers, called the Notice of Petition and Petition. The Petition will indicate the type of property, the nature of the tenancy, whether back rent is owed and, most importantly, that the landlord is seeking possession of the property. There are many requirements the landlord has to follow in serving these notices and court papers. Any missing items can cause the case to be dismissed and will force the landlord to start all over.

Once a tenant is served with the Notice of Petition and Petition, they must “answer”, otherwise they will default and may proceed with the eviction process. The answer is an opportunity for the tenant to provide a defense to the holdover action. The defenses to these types of actions are lengthy.

What we can do

In many situations, even landlords that are represented by an attorney do not follow the proper procedure. For these reasons, it is important that a tenant speak to a lawyer to review any paperwork they have received, so that they are able to preserve their rights as tenants. At SBAGK, we strive to be as helpful as possible in seeing that landlords can receive their compensation with the least amount of complication during the legal process. In the same respect, when representing tenants, we make sure their rights are fairly represented.

Are you involved in a Landlord and Tenant dispute? seeking a consultation regarding your situation? contact someone who can help below.