CIV-LT-13 – Affirmation in Support of Order to Show Cause (Generic) – New York
In the context of New York residential tenancy, the “CIV-LT-13 – Affirmation in Support of Order to Show Cause (Generic) ” form is a legal document used by tenants or landlords to request the court to take a specific action in a housing dispute. This form is typically filed in the Civil Court of the City of New York.
CIV-LT-13 is essential in ensuring that both parties in a residential tenancy dispute have the opportunity to present their case before the court decides on the requested relief. The process helps ensure fairness and due process in housing-related legal matters.
Here is a step-by-step guide on using this form:
Case Information
- Index No.: Enter the case’s index number assigned by the court.
- Part/County: Specify the part and county where the case is being heard.
- Petitioner(s) and Respondent(s): List the names of the petitioner(s) (the party initiating the action) and the respondent(s) (the party responding to the action).
Order to Show Cause:
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- State the relief requested, i.e., what you want the court to do.
Personal Details
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- Your Name: Print your name as the person affirming the document.
- Role: Indicate if you are the petitioner or respondent in the proceeding.
Request
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- Clearly state the action you are requesting from the court.
Defense/Claim
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- Provide a detailed explanation of your defense or claim. This is where you outline why you believe you have a strong case.
Excuse/Reason
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- Explain any valid reasons or excuses that support your request.
Previous Orders
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- Indicate whether you have previously filed an order to show cause related to this index number. If yes, explain why you are making a further application.
Affirmation
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- Date the document and sign it under penalty of perjury, affirming that the information provided is true to the best of your knowledge.
Note that this form is available for free and no fee should be charged for filling it out.
Example Scenario
Tenant’s Perspective: If you are a tenant facing eviction, you can use this form to request the court to halt the eviction process until your case can be heard. You would:
- State your request to stop the eviction.
- Explain your defense, such as the landlord not making necessary repairs, leading to unsafe living conditions.
- Provide a valid reason for any previous orders, like new evidence coming to light.
Landlord’s Perspective: If you are a landlord seeking to evict a tenant for non-payment of rent, you would:
- Request the court to grant you possession of the apartment.
- Detail your claim that the tenant has not paid rent for several months.
- Offer any reasons or excuses if there were prior orders, such as the tenant’s repeated failures to comply with payment plans.