Process
How Do I Respond to a Housing Court Summons in NYC?
When you receive a Housing Court Notice of Petition, read the return date carefully and appear on that date or file a written Answer by then. You can deny allegations, raise defenses (improper service, warranty of habitability, rent overcharge), or assert counterclaims. Failure to appear results in a default judgment and warrant of eviction.
About Responding to a Housing Court Summons
A Housing Court Notice of Petition gives the respondent (typically a tenant or occupant) a return date — the date they must appear in court or file a written Answer. The default rule under RPAPL § 732 is a five-business-day window between service and the return date in nonpayment proceedings; holdover proceedings typically allow longer. An Answer can be filed in writing or made orally at the first court appearance. Defenses and counterclaims must be raised at this stage; failure to assert them can constitute waiver. A respondent who does not appear on the return date risks a default judgment and a warrant of eviction.
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Our attorneys appear in NYC Civil and Housing Court across all five boroughs. Whether you are starting a proceeding or responding to one, early legal advice protects your position.
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Facing a Responding to a Housing Court Summons Matter?
Nacmias Law Firm represents owners, landlords, and businesses in NYC Civil and Housing Court matters across all five boroughs. Talk to an attorney before your return date.