Housing Court Vocabulary

Petition: The document that starts a housing court case. The party that files the petition is called a petitioner.

Answer: The document that the party being sued files in housing court in response to the petition. The answer contains a refutation of the petitioner’s allegations.

Default Judgment: If a party fails to show up in court, that means they are in default. In order to vacate a default judgment, the defaulting party must make a motion (see motion).

Motion: A request for the judge to do something. For example, a tenant in an eviction case may make a motion to dismiss. Motions can be made orally, but most motions are made in writing.

Judgment Of Possession: A court document entitling the landlord to evict a tenant.

Warrant: A court document authorizing a city marshal to evict a tenant. A landlord can get a warrant only after it gets a judgment.

Order to Show Cause: An emergency motion that immediately stops all efforts at an eviction. An order to show cause will only stop an eviction temporarily, until the parties can be brought back to court, where a judge can decide whether an eviction is appropriate.

Holdover: A type of housing court suit in which a landlord seeks to evict a tenant for violations of a lease, or for being an unauthorized occupant.

Use and Occupancy: The "rent" paid while a court case is pending, except no one calls it rent, they call it use and occupancy.

Stipulation: a written agreement.

Warranty of Habitability: Like a warranty on a car, a landlord gives a tenant a warranty that the apartment is habitable. If the apartment is in poor condition, you have a claim against the landlord for breach of the warranty of habitability.

Overcharge claim: The claim that a landlord is charging a rent that exceeds the legal limit set by rent stabilization or rent control law.