What Should I Do If I Get an Eviction Notice in Brooklyn?

What That Paper Actually Means

The document you received is called a Notice of Petition and Petition. It's not an eviction—it's the start of a lawsuit. Your landlord is asking a judge for permission to evict you. That permission isn't automatic.

The petition tells you:

• What your landlord claims you did (or didn't do)
• When you need to appear in court
• Which courtroom to report to

Until a judge signs a warrant of eviction and a city marshal posts a notice on your door, you cannot legally be removed from your home. The process takes weeks or months, not days.

Types of Eviction Cases in Brooklyn

Non-Payment Proceeding

Your landlord claims you owe rent. This is the most common case type. Defenses include proving you paid, challenging the amount owed, or asserting warranty of habitability (the apartment had serious problems that justify withholding rent).

Holdover Proceeding

Your landlord claims your right to stay has ended. Reasons include:

• Lease expired and wasn't renewed
• Month-to-month tenancy being terminated
• Owner wants to move in or renovate
• Alleged lease violations

Nuisance or Objectionable Conduct

Your landlord claims your behavior is affecting other tenants or the building. These cases require proof—noise complaints, police reports, or documented incidents.

Owner-Use or Major Capital Improvement

Your landlord wants the apartment back for personal use or substantial renovation. Rent-stabilized tenants have extra protections here.

Defenses That Actually Work

Not every defense applies to every case. But these are the ones Brooklyn Housing Court judges see regularly:

• Improper service: The papers weren't delivered correctly
• Defective petition: Missing information, wrong dates, math errors
• Warranty of habitability: Serious repair issues (no heat, mold, pests, leaks)
• Rent overcharge: You've been paying more than the legal regulated rent
• Retaliation: The eviction follows a complaint you made to 311 or HPD
• Laches: The landlord waited too long to act on alleged violations
• Succession rights: You're entitled to take over a rent-stabilized lease
• Good Cause Eviction protection: New statewide law limits evictions without legitimate reason

For non-payment cases specifically, paying what you owe before the warrant is signed usually ends the case. Courts want tenants to stay housed when rent can be paid.

The Housing Court Process

Kings County Housing Court is at 141 Livingston Street in Downtown Brooklyn. Nearest subways are Hoyt-Schermerhorn (A/C/G) and Borough Hall (2/3/4/5/R).

First Appearance: Resolution Part

Most cases start here. The goal is settlement, not trial. You'll check in, wait to be called, then negotiate with your landlord (or their attorney) in the hallway. A court attorney may help mediate.

What happens next depends on the outcome:

• Stipulation: You reach an agreement (payment plan, move-out date, repairs)
• Adjournment: Case is postponed for more negotiation or document gathering
• Trial Part referral: No agreement reached; case goes to a judge for decision

Trial Part

If your case goes to trial, a judge hears evidence and decides. Trials can take months to schedule. Most cases never reach this stage.

Deadlines That Matter

• Answer the petition: File a written answer before your court date. This preserves your defenses. You can file at the clerk's office in Room 303 at 141 Livingston Street.
• Show up: Missing your court date can result in a default judgment against you. If you can't attend, call the court or file for an adjournment.
• After a judgment: If you lose, you typically have a few days (often 72 hours after marshal's notice) before execution. An Order to Show Cause can sometimes pause this.

Who Qualifies for a Free Lawyer

NYC's Right to Counsel program provides free legal representation to income-eligible tenants facing eviction in Housing Court.

Income limits (approximate):

• 1 person: ~$30,000/year
• Family of 4: ~$62,000/year

(Updated annually; verify current thresholds)

Automatic eligibility:

• Tenants 60 years or older (regardless of income)
• Tenants in NYCHA or certain subsidized housing

If you qualify, a nonprofit legal services organization will be assigned to represent you—at no cost. Ask the court attorney in the Resolution Part or visit the Help Center on the first floor of 141 Livingston Street.

New Protection: Good Cause Eviction

As of April 2024, New York's Good Cause Eviction law protects most tenants statewide. Landlords must have a legitimate reason to evict or refuse lease renewal. The law also limits rent increases to avoid constructive eviction through unaffordable hikes.

This applies to many tenants who aren't rent-stabilized—including those in smaller buildings previously exempt from major protections. If you received a non-renewal notice or a large rent increase, Good Cause may apply to you.

What to Bring to Court

• The Notice of Petition and Petition (the papers you received)
• Any lease or rental agreement
• Rent receipts or bank statements showing payments
• Photos of apartment conditions (if relevant)
• 311 complaints or HPD inspection reports
• Written correspondence with your landlord
• Government-issued ID

Arrive early. Security lines at 141 Livingston can stretch 30-40 minutes on busy mornings.

When You Need an Attorney

You can represent yourself in Housing Court. Many tenants do. But an attorney can help when:

• You have a complex defense (rent stabilization, succession rights, overcharge)
• Your landlord has a lawyer and you don't
• You've missed deadlines or received a default judgment
• You need an emergency Order to Show Cause
• The amount at stake is significant (years of overcharges, losing a stabilized apartment)

I've been walking into 141 Livingston Street since 2012. If you're facing eviction in Brooklyn, call (347) 669-3256 or visit the office at 592 Pacific Street in Boerum Hill.