Residential Nonpayment Proceedings
A non-payment proceeding is initiated to evict a tenant because the tenant has failed to pay rent purusant to the terms of their lease agreement, even after the landlord has made a formal rent demand. When a tenant is served with a written rent demand, the demand will state the rent arrears that the landlord is seeking and a date by which the arrears should be paid in order to avoid litigation. However, in the event that the tenant fails to pay the outstanding rent arrears, the landlord may elect to commence a summary nonpayment proceeding. The case is commenced by service of a Notice of Petition and Petition. Upon receipt of the Notice of Petition and Petition, the tenant will answer the papers responding to the allegations made by the landlord. When the parties appear in court, there is the possibility of settlement or proceeding with trial if the landlord and tenant cannot reach an agreement.
With over 19 years of experience prosecuting residential non-payment proceedings, David Moss and Associates offer the following services:
- Preparing and serving rent demands, notices of petitions and petitions
- Prosecuting non-payment proceedings in Housing Court and conducting settlement negotiations
- Managing the eviction process and the issuance of warrants by the court
- Overseeing the enforcement of all court-ordered stipulations, and
- Defending RPAPL Article 7-A claims, HP proceedings and Warranty of Habitability matters.
We also have expertise in handling cases involving tenants receiving NYCHA and HPD Section 8 assistance, and tenants in other welfare and housing subsidy programs.
