Housing Court and Tenants' Rights Glossary

Comprehensive vocabulary flashcards defining essential terminology, statutory frameworks, court procedures, and agency programs in New York City housing court and tenant law.

Abatement

A reduction of the amount of back rent that must be paid in a non-payment case because the landlord failed to repair.

Adult Protective Services (APS)

City agency that provides services for physically or mentally impaired adults.

Affidavit of Service

Sworn document stating when, how, and to whom court documents were served.

Allocution

Process where the judge makes sure both parties understand the stipulation.

Answer

Statement to court about your defenses and counterclaims; can be written or oral; an answer in a nonpayment case will include a date, time, and hearing location.

Article 78

A proceeding to challenge the decision of a state agency; happens in NY State Supreme Court.

Blacklist

Court records landlords use to deny apartments to tenants who were sued in court; also known as tenant screening reports.

Conspicuous Service

Service where papers are either taped to or slid under the door; should also be mailed to you by certified mail and regular mail.

Constructive Eviction

When a landlord deliberately stops providing essential services or damages the apartment to force a tenant to move out, such as removing appliances, tampering with locks, or cutting off gas, electric, or other essential services.

Counterclaim

Claim by respondent opposing petitioner's claim and seeking some additional relief.

Division of Housing and Community Renewal (DHCR)

NYS agency that enforces rent regulation laws and protects the rights of tenants facing landlord harassment and overcharges.

Family Homelessness and Eviction Prevention Supplement (FHEPS)

A program that pays back rent and a higher shelter allowance for families with minor children on public assistance; the family must be at risk of eviction to start receiving this program and have an active Cash Assistance case.

Guardian Ad Litem

A guardian appointed by the court to protect the litigant's interests.

Holdover

A case a landlord brings against a tenant to remove a tenant from an apartment; a prime tenant could also start one against their roommate.

HP Action

A case that a tenant brings against the landlord to force repairs.

Department of Housing Preservation and Development (HPD)

NYC agency responsible for enforcing housing quality standards, code enforcement, issuing violations, and running affordable housing programs.

Laches

A defense in a nonpayment case (also known as stale rent) where the landlord is suing for rent from a long time ago without having asked for payment before, causing difficulty for the tenant to prove their case or pay the back rent due.

One Shot Deal (OSD)

A public assistance program that pays rent arrears if you can prove that you can pay the current and future rent.

Order to Show Cause (OSC)

Motion made to the court to reopen a case.

Possessory Judgment

A court decision that the landlord has the right to evict you; also known as judgment for possession.

Predicate Notice

Notice sent before a court case is filed; serves as a warning.

Resolution Part

The court part where all housing court cases are initially assigned, where the judge wants tenant and landlord to negotiate and try to agree to settle the case.

Stipulation

A written agreement about how the case will be settled.

Use and Occupancy

Payments to the landlord for the tenant to continue living in the apartment after the court has decided that the tenant must leave; usually the same amount as rent.

Certificate of Occupancy

A document issued by NYC outlining the layout of a building and stating that the building is in good enough condition for people to live there.

Department of Buildings (DOB)

NYC agency that issues construction permits, certificates of occupancy, elevator inspections, and building code violations.

Automated City Register Information System (ACRIS)

Department of Finance (DOF) portal that tracks every NYC property deed, mortgage lien, and transfer back to 1955; authoritative source for identifying property ownership.

Rental Guidelines Board (RGB)

Sets allowable renewal increases for NYC rent-stabilized leases.

City Fighting Homelessness and Eviction Prevention Supplement (CityFHEPS)

NYC rental subsidy designed to help individuals and families obtain or retain housing.

Housing Choice Voucher (HCV)

Also known as Section 8; a federal tenant-based rental subsidy.

Senior Citizen Rent Increase Exemption (SCRIE)

NYC rent freeze program for eligible seniors.

Disability Rent Increase Exemption (DRIE)

NYC rent freeze program for eligible tenants with disabilities.

Shelter Allowance

Public-assistance budget component designated specifically for housing expenses.

Recoupment

Agency recovery of benefits by reducing future payments or other permitted collection.

BORAC Request

An HRA check-tracing and reconciliation request.

Good Cause Eviction

2024 NY law protecting covered market-rate tenants from termination without good cause.

Preferential Rent

Rent charged below the legal regulated rent; renewal rules protect this lower base for the tenancy.

Treble Damages

Triple damages remedy potentially available for a willful regulated rent overcharge.

Major Capital Improvement (MCI)

Qualifying building-wide improvement potentially supporting an approved rent increase.

Individual Apartment Improvement (IAI)

Qualifying apartment work that may support a rent increase under strict rules.

Housing Stability and Tenant Protection Act of 2019 (HSTPA)

Major New York rent-law reform legislation.

Real Property Actions and Proceedings Law (RPAPL)

NYS statutes that govern summary possession proceedings.

Article 7A Proceeding

A case seeking court appointment of a building administrator for serious qualifying conditions.

14-day Rent Demand

Written statutory demand for overdue rent required before most NY residential nonpayment proceedings.

Five-day Late-rent Notice

Written notice stating that rent has not been received within five days after the due date.

Notice to Cure

Notice identifying an alleged lease breach and the time and opportunity to correct it, where required.

Notice of Petition

Court paper giving appearance instructions and information for a summary proceeding.

Traverse Hearing

A hearing held to determine whether court papers were properly served.

RPL Section 235-b Warranty of Habitability

Legal duty of the landlord to provide safe, livable housing and essential services.

Breach of Quiet Enjoyment

Occurs when a landlord interferes with a tenant's lawful use and possession of the premises.

Class A Violation

HPD nonhazardous violation classification.

Class B Violation

HPD hazardous violation classification.

Class C Violation

HPD immediately hazardous violation classification.

Heat Season

Annual NYC period with specific residential heating requirements.

Remaining Family Member (RFM)

A person claiming the right to remain in a NYCHA unit after the tenant of record leaves or dies.