| What is an “Order to Show Cause?” |
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Landlords guide to NYC housing courtAn “Order to Show Cause” is a way for either a landlord or a tenant to get another court date for a specific reason. For example, you may have made an agreement (or stipulation of settlement) in court where the tenant agreed to pay rent by a certain date and you agreed to repair building violations. If the tenant did not pay, you can ask the court to put your case back in front of the Judge to make the tenant pay or, in the alternative, to ask for an eviction. To get the Order to Show Cause, you should go to the Landlord-Tenant Clerk’s office and ask the clerk for an Order to Show Cause. Write down why you want to come back to court. You should explain why you want to come back, and make sure you indicate in writing that you are the Landlord, so the Court knows who is seeking relief. Likewise, if you didn’t do repairs, the tenant can ask for an Order to Show Cause seeking to enforce the agreement. In addition, if you have had a City Marshal serve a notice of eviction on a tenant, the tenant may seek to stop the eviction pending a new court date. The tenant would have to ask the Court for an Order to Show Cause to get a new court date before being evicted. If the Judge decides that the tenant has a good reason, the Judge will sign the Order to Show Cause and you will be served a copy which tells you which date to come to court. You must appear at the court hearing; otherwise, the tenant may be able to cancel the eviction and you will have to start the proceedings over. |