EVICTION HELP
Eviction papers in New York: free help
Free, and based on the court's and the legislature's own sources. No account, no payment.
Your deadline
Look at the top of your court papers. If they say "Notice of Nonpayment Petition" and come from the Civil Court of the City of New York (Bronx, Brooklyn, Manhattan, Queens or Staten Island), there is no court date on them yet: you must answer at the landlord-tenant clerk's office within 10 days after the papers were handed to you or someone who lives or works in your home, or were posted at your home. You can tell the clerk your answer out loud, or answer in writing (a written answer must first be served on the landlord, so start early). The clerk then gives you a court date 3 to 8 days later. For every other New York eviction case (a holdover case anywhere, or a nonpayment case outside New York City), go to court on the date and time printed on the Notice of Petition and answer then, out loud or in writing. If your papers ask you to answer earlier than the court date, answer by that earlier date. A defense you do not raise in your answer may be lost.
If you do not answer or appear
If you do not answer in time (NYC nonpayment case) or do not come to court on the court date (all other cases), the court can enter a judgment against you without hearing your side, and the landlord can then have you evicted.
Cost to answer
No fee to answer an eviction case. A jury demand costs $70 in NYC Housing Court, and a person who cannot afford court fees can ask the judge to waive them.
What your papers are called
Notice of Petition and Petition. In NYC the notice is titled "Notice of Nonpayment Petition" or "Notice of Holdover Petition", and the court may also mail a postcard. Outside NYC the court forms are titled "Notice of Court Date: Rent Not Paid" (Notice of Petition, Nonpayment, UCS-LTN1) or "Notice of Court Date: Eviction Case" (Notice of Petition, Holdover, UCS-LTH1). New York City: Housing Part of the Civil Court of the City of New York (Housing Court). Outside New York City: the City Court, District Court, or Town or Village Justice Court where the home is (summary proceeding).
Free help
- The court's answer formTenant Answer and Counterclaim for Nonpayment Eviction (UCS-LTN3 (05/2024))
- The court's eviction self-help pageNew York State Courts, CourtHelp: Homes and Evictions
- Free legal helpEvictionDefenderNY (legal aid groups for upstate New York and Long Island, through LawHelpNY)Housing Court Answers (New York City) · 212-962-4795LawHelpNY: find free legal help (statewide directory of legal aid offices)
- Free lawyer programs for tenantsNew York City (Bronx, Brooklyn, Manhattan, Queens, Staten Island): Right to Counsel (Universal Access to Legal Services), NYC Human Resources Administration, Office of Civil JusticeWho qualifies: Tenants facing eviction in NYC Housing Court (nonpayment or holdover) or in a NYCHA termination case, in every ZIP code, regardless of immigration status. Free full representation for a tenant who is 60 or older, or whose household income is at or below 200% of the federal poverty guidelines (NYC Admin. Code 26-1301, read 2026-10-06); every tenant gets at least brief legal advice. To check: call 718-557-1379 or 212-962-4795 (Monday to Friday, 9 am to 5 pm), call 311 and ask for the Tenant Helpline, or email civiljustice@hra.nyc.gov.Monroe County (Rochester area): Tenant Defense Project of Monroe CountyWho qualifies: Tenants whose landlord is bringing them to court in Monroe County. The program's own page says: "In some cases, you may be eligible for a free lawyer." It does not state the test. Hotline (585) 504-6195, Monday to Thursday, 10 am to 4 pm.Westchester County: Westchester Office of Housing Counsel (County Department of Social Services, Eviction Prevention and Representation)Who qualifies: Eligible Westchester residents who are behind on rent or have an eviction notice: the county's own page offers free legal representation in court, advocacy, rent help and referrals. Call 211 (open 24/7) or use the county's online intake form. The county's eligibility FAQ sets the income test.
- Help in SpanishNotificación de Petición por Incumplimiento de Pago (the court's own Spanish version of the NYC Notice of Nonpayment Petition; says to answer within 10 days)Notificación de Petición por Retención de Inmueble (the court's own Spanish version of the NYC Notice of Holdover Petition)Notice of Petition, Holdover (UCS-LTH1), Spanish, for courts outside NYC (court's own translation)LawHelpNY: Desalojo (legal aid's own Spanish eviction pages)Affidávit de un inquilino para anular un fallo en rebeldía (NYC Housing Court, Spanish page for the court's program to undo a default judgment)
Are you the landlord?
Whether a company landlord needs a lawyer depends on the court and the case.
A corporation (or voluntary association) landlord must appear by a lawyer in NYC Housing Court, District Courts and City Courts. In a Town or Village Justice Court a corporation may appear by an authorized officer, director or employee. The small claims and commercial claims exceptions in CPLR 321(a) do not cover eviction cases. CPLR 321(a) names corporations and voluntary associations and does not name LLCs; whether an LLC landlord may appear without a lawyer is UNVERIFIED from statute, so treat an LLC like a corporation and refer out. Any landlord without a lawyer also cannot issue the notice of petition: the clerk or a judge must sign it (RPAPL 731(1)).
The court's landlord form: Petition for Non-Payment Eviction (UCS-LTN2)
Hello Court never helps with a lockout, removing a tenant's belongings, or shutting off utilities. Only a court order and the officer it names can remove a tenant.
If you want more, Hello Court can help you organize your case and prepare your court forms for a one-time fee. Everything above stays free.
Start a caseSources read on 2026-10-05.