Perhaps its because I’m in the process of moving (well, internally moving, ya know, switching bedrooms)  or maybe its spring cleaning fever (not a chance at all) but I’ve got housing on the mind this week and, fortunately for me, housing law is an area of law that I haven’t written about yet. What a coincidence, right?

New York is a city of renters and with that comes a lot of landlord/tenant disputes and eviction proceedings. This is an issue, we as social workers in this city, will likely run into at least a time or two (probably many more actually) with our clients. Housing court is not a pleasant place to be. Its a busy and chaotic place that many find confusing and intimidating (myself included). On account of the fact that the legal aid organization that I work at has a very strong, wildly busy housing practice and because this is an issue a number of clients that I have worked with have experienced, I’ve picked up a thing  or two about dealing with a housing case that I can pass along. Here are few things we can do as social workers to assist our clients when they find themselves facing eviction:

• The most important thing your client can do is PAY ATTENTION TO THE FACT THEY HAVE BEEN SERVED WITH HOUSING COURT PAPERS. Appear in court on the day that the papers indicate. One should be there on time in the room that is indicated on their summons. They should bring with them all documents they have pertaining to the case like rent receipts, for example. With such a threat to their sense of security, many clients might want to invoke a defense of denial and ignore the issue. A default judgment entered in one’s absence is a really fast way to lose one’s home.

• One thing that I was surprised, pleasantly so, to learn is that being evicted is not necessarily a fast process if one appears in court. The housing court will work with a respondent if they come before the court and explain what’s going on. The court’s objective is not to increase the number of homeless in our city. They want to work out a deal. Maybe your client can negotiate a way to pay back their rental arrears (overdue rent) and retain their apartment. Maybe your client won’t be able to save their apartment, but maybe they can buy themselves some time to figure out a new place to go. Relaying this fact can help to ease the client’s mind.

• Sometimes in intimidating settings like the court, individuals feel pressured to sign agreements that they don’t completely comprehend. It’s good practice to really stress to your client that they should NEVER sign anything they don’t understand. If they have questions about the agreement, they must ask the judge. The judge is there to help them.

• That being said, once you sign an agreement it’s a binding legal document. You will be held to the provisions listed in the agreement. If it says that you are to pay the rental arrears by a certain date, you must do so.

• If a judgment is entered in one’s housing case and they are being evicted, they will receive a Notice of Eviction by a New York City Marshal. This is sometimes referred to as a Marshal’s Notice.  This will come in one of two ways. A “72  Hour Notice of Eviction” must be served personally (handed to them) on the respondent. In this case, a person  can be evicted on the fourth business day after the date of notice or any date thereafter. Instead of a “72 Hour Notice of Eviction”, a person may receive a court document entitled “Notice of Eviction”. If this is the case, the person can be evicted on the sixth business day after the date of notice or any day thereafter. It’s important to note that the clock starts ticking on the date of eviction based on the date of the notice and not on the date that the notice is received by your client. If your client receives either of these notices and wishes to keep their apartment, they should immediately go down to housing court and file an Order to Show Cause. One can do this by going to the Clerk’s office in the housing court and requesting the forms to file an Order to Show Cause. The Clerk will give them an Affidavit to fill out. The should check off all the boxes that apply to their case. On the Affidavit, one should indicate the reasons why they believe they shouldn’t be evicted. Include copies of any documentation they have to back up their claim. Write in any additional information that the judge should know about their case. Be very thorough! The Order to Show Cause will be read by the judge and, if they deem it sufficient, signed. The signed Order to Show Cause must then be personally served on the opposing party or, if they have an atty, their atty. It must also be served on the city marshal. The next step will be returning to court. At this point, your client has sort of preformed triage on their housing case and should consult with an attorney.

• Getting a housing attorney is not easy in this city with the multitude of cases. It will be necessary to call around to all the legal aid organizations and be diligent about following their procedures for intake. Make sure your client continues calling until they actually speak to a person. From my own personal experience, my voicemail box is often flooded with messages from people looking for a housing lawyer who just pushed a random extension and left a message. That’s not an effective way to obtain a housing lawyer.  Some organizations wait until the individual is actually evicted to assist, so advise your client not to become discouraged and to continue to be proactive and attend their court dates with or without a lawyer.

This post has gotten incredibly lengthy but I hope its helpful. I really feel strongly that it would behoove our profession to know these sorts of things in a general way (shocker, right?). Being able to provide our clients with basic information in situations like these, when maybe there isn’t time to find a lawyer before one must take action, could really make a huge difference in the lives our clients.

PS This is a real interesting housing case in the courts right now.