Notice of Nonpayment Petition – New York

The Notice of Nonpayment Petition is a legal document used by landlords in New York City to initiate an eviction process against tenants who have not paid their rent. This form informs the tenant that the landlord has started a legal action to recover the unpaid rent and possibly evict the tenant if the rent is not paid. The form includes detailed instructions for the tenant on how to respond to the petition, the legal implications, and available resources for assistance.

Help and Instructions

Parties Involved

1. • Petitioner (Landlord): The individual or entity filing the petition.
   • Respondent (Tenant): The individual or entity being sued for nonpayment of rent.
   • Respondent (Undertenant): Any other individuals residing in the rental unit.

Purpose of the Form

1. • The landlord is seeking a court judgment for the unpaid rent amount plus interest.
   • The landlord is requesting permission from the court to evict the tenant if the rent is not paid.

Tenant’s Rights and Responsibilities

1. • Right to a Trial: Tenants have the right to contest the petition and have a trial.
   • Answering the Petition:
     • Tenants must answer the petition within 10 days of receiving it by visiting the landlord-tenant Clerk’s Office.
     • The answer should include any legal defenses and claims against the landlord.
   • Failure to Answer: If the tenant does not respond within 10 days, a default judgment may be entered, allowing the landlord to proceed with eviction.

How to Answer the Petition

1. • In Person: Go to the landlord-tenant Clerk’s Office and verbally provide your answer.
   • In Writing: Submit a written answer using Form No. Civ-LT-91a.

Court Date and Postponements

1. • Upon answering the petition, tenants will receive a court date within 3 to 8 days.
   • Tenants can request a postponement of the court date for up to 14 days.

Paying the Rent

1. • If the tenant pays all the rent due before the court date, the case will be dismissed.

Resources Available to Tenants

1. • Legal Help: Free or low-cost legal assistance may be available.
   • Language Help: Interpreters are available for those who do not speak English well or are deaf or hard of hearing.
   • ADA Help: Accommodations for disabilities are available.
   • Financial Help: Assistance programs for rent payments.
   • Help at the Courthouse: Access to a Help Center with attorneys or volunteer lawyers.
   • Online Help: Resources and information available on the Housing Court’s website.

Post-Judgment Procedures

1. • If a judgment is entered against the tenant, the court may allow time to pay the judgment before eviction.
   • A Notice of Eviction will be issued if the rent is not paid within the specified time, giving the tenant at least 14 days to pay or move.

Additional Information

1. • Tenants not named in the notice but residing in the unit can also respond to the petition.
   • Instructions and assistance are available in multiple languages.

For detailed guidance and forms, tenants are encouraged to visit the Housing Court’s website or contact the provided resources.