Landlord & Tenant Court

IMPORTANT: all residential non-payment petitions in Suffolk DIstrict Courts

Non-Payment Notice of Petition (Notice of Court Date: Rent Not Paid) in Suffolk District Court is required for residential non-payment petitions (effective September 12, 2022)

Jurisdiction of Five Outlying District Courts

Second District Court - (Babylon Town L&T, and Babylon Town Code violations, Small Claims, Civil Court)

Third District Court - (Huntington Town L&T, and Huntington Town Code violations, Small Claims, Civil Court)

Fourth District Court - (Smithtown Town L&T, and Smithtown Town Code violations, Small Claims, Civil Court)

Fifth District Court - (Islip Town L&T, and Islip Town Code violations, Small Claims, Civil Court)

Sixth District Court - (Brookhaven Town L&T, and Brookhaven Town Code violations, Small Claims, Civil Court)

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Court Hours

Landlord & Tenant Court courthouses are open Monday - Friday from 9:15 a.m. to 5:00 p.m. and are closed from 1 p.m. to 2 p.m. All business must be commenced by 12:30 p.m. in the morning session and 4:00 p.m. in the afternoon. Calendars are usually scheduled at 9:30 a.m.

Landlord Tenant court schedule

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Virtual Proceedings

Contact the court clerk to ask if you can appear virtually and for a link to the virtual courtroom.

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Adjournments

An adjournment is when the judge reschedules your case. It is also called a postponement or continuance. You can request an adjournment in person, or if you cannot be in court, in writing. 

  • In person
    • on the court date
    • in the courtroom
  • In writing:
    • before the court date
    • in the clerks office
    • the Judge may accept e-mail or fax requests in an emergency.
    • A copy of your request must be sent to all other parties. If a party has an attorney, then send a copy of the adjournment request to the attorney, not the party.
    • the Judge will read your request in court on the court date

The judge will decide whether the adjournment is granted, and the case is re-scheduled.

If you requested the adjournment in writing, check eCourts (nycourts.gov/eCourts) or call the clerk after the court date to find out if the judge granted your request.

On the first court date either party is entitled to an adjournment at least 14 days, without explanation. The parties may agree to a shorter adjournment. The Judge will decide if any other adjournments are granted.

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Landlord Tenant Resources

case tracking at WebCivil Local

NYS Attorney General Housing Issues Page

Relevant Law

Forms

Pre-Filing/Predicate Filing for your case
(Landlord) Five-Day Late Notice (Nonpayment)(Residential)
(Landlord) Written Demand for Payment of Past Due Rent
(Landlord) Ten-Day Notice to Revoke License Agreement (Holdover)
(Landlord) Rent Increase of at Least 5% (Residential)
(Landlord) Notice Not to Re-New Tenancy (Residential)
(Landlord) Notice to Terminate Month-to-Month Tenancy (Residential)

Non-Payment Proceeding
(Landlord) DIY Non-Payment Petition and Rent Demand program for residential non-payment landlords without an attorney 
(Landlord) Non-Payment Notice of Petition (Notice of Court Date: Rent Not Paid) is required for residential non-payment petitions filed in the Suffolk District Courts (effective September 12, 2022)
(Landlord) Blumberg Non Payment Notice of Petition (Form 1407) and Blumberg Non Payment Petition (Form 1406)

Holdover Proceeding
(Landlord) Notice of Petition (PDF or Blumberg Form 1411)
(Landlord) Petition for Holdover (PDF or Blumberg Form 1410)
(Landlord) DIY Small Property Owner Licensee Holdover Petition Program
(Landlord) DIY Small Property Owner Squatter Holdover Petition Program

Forms for After the Proceeding Commences
(Tenant) Answer
(Landlord) Judgment and Warrant of Eviction (Holdover)
(Landlord) Judgment and Warrant of Eviction (Non-payment)
(Tenant) Order to Show Cause (OSC) and Affidavit of Vacate (DIY or OTSC and Affidavit)
This DIY program will ask you questions and make papers that help you tell a judge why you missed your court date in a landlord-tenant case. When you finish the program, you can print an "Order to Show Cause" and "Affidavit in Support" which you must give to the Court Clerk. The papers ask the judge to let you come back to court to explain why the judgement against you should be vacated.

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What forms do I need to start an L&T case?

A NOTICE OF PETITION and a PETITION is usually filed with the court clerk to commence a Landlord Tenant case.

Some actions can be started by filing an ORDER TO SHOW CAUSE and a PETITION. 

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How do I file my papers?

Mail or deliver your

  • original Notice of Petition, Petition, and supporting papers and
  • one copy of your Notice of Petition, Petition, and supporting papers,
  • check or money order for the filing fee payable to CLERK OF THE COURT, and
  • self-addressed envelope or mailer

to the Court Clerk's office. The Court Clerk will index the case and mail your papers to you when the court date is assigned. If you do not have an attorney, ask the clerk to issue the Notice of Petition.

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How do I request a Judgment and Warrant?

At the end of your case, if the judge directed the clerk to "enter judgment" the clerk will produce the judgment and warrant as directed.

If the judge did not direct the clerk to enter judgment:

  • Attorneys must file a proposed JUDGMENT OF POSSESSION (like the Blumberg T-1412, T-1413, or T-1414) and WARRANT OF EVICTION (like the Blumberg T-1408 or T-1409) with the clerk. The clerk will generate the appropriate papers. Attorneys may submit a proposed MONEY JUDGMENT and pay the fee for a TRANSCRIPT OF JUDGMENT at the time the WARRANT and JUDGMENT are submitted, and the clerk will issue the TRANSCRIPT OF JUDGMENT to be used in enforcing any money judgment.
  • Self-represented landlords: must request in writing that the court issue the JUDGMENT OF POSSESSION, WARRANT OF EVICTION, and TRANSCRIPT OF JUDGMENT. If the tenant/respondent is in default, a non-military affidavit will be required. If a TRANSCRIPT OF JUDGMENT is requested the transcript fee must be paid when the request is filed with the clerk.

Include a stamped self-addressed envelope with the proposed papers or written request. The clerk will mail the papers to the attorney of record or if there is no attorney, to the self-represented landlord.

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How do I ask a judge to vacate a default judgment and stay my eviction?

Go to Court and submit a request for the judge to sign an Order to Show Cause to Vacate a Landlord Tenant Judgment.

You can get these forms from:

You must explain to the judge in your papers that you have

  • a good reason for not appearing in court, AND
  • a good defense to the lawsuit

Bring photocopies of documents that help you prove your arguments.

If you need more time, or if there is a change in circumstances justifying a different outcome, then to modify the original outcome you must file an Order to Show Cause.

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