Resolution Part
A
Resolution Part is a courtroom where the landlord and tenant can
discuss their differences before a Judge or Court Attorney to see
if an agreement can be reached to settle the dispute. You may also
be there for a motion or
an order to show cause.
A Resolution Part is presided over by a Judge, who is assisted
by two court attorneys, a clerk, and a court officer. The court
officer, wearing the uniform, stands in the courtroom to maintain
order. The clerk, sitting at a desk at the front of the courtroom,
can answer any questions you may have about the calendar or the
Judge’s rules. The court attorneys, who are lawyers, assist
the Judge. In addition, volunteer court representatives are present
to assist. The Judge sits on the bench at the front of the Courtroom
and hears motions and cases and reviews stipulations and orders
to show cause.
Each Resolution Part has its own rules which are posted on the
wall and can be obtained from the court clerk. You can also view
the Judge’s rules at Part
Rules. Depending upon the rules of the part, you must either
quietly check in with the court clerk or court officer, or listen
for your case to be called. If you need an interpreter, you should
tell the court clerk.
Your case may have been assigned to one of the Housing Courts specialty
Parts depending on the subject matter:
City Part
Coop/Condo Part
New York City Housing Authority Part
Housing Part Proceedings (HP) (proceeding to compel repairs)
When a case is called, the landlord and tenant, or their attorneys
will meet with the judge or court attorney to discuss the case.
If you are not the named tenant or the named landlord, but are in
court on their behalf, you should let the court personnel know.
If you are a tenant and your apartment needs repairs, you can ask
for an inspection. If you are a landlord and you have completed
the repairs, you can ask for an inspection. You may go to Inspection
Request to view the civil court form. You will have to come
back to Court at a later date if the Judge grants the request for
an inspection. You may have an attorney represent you on your case.
If you need time to get an attorney or if you need documents that
you do not have with you today, or if you have another reason for
not being ready, you can ask to come back at a later date. This
is called an adjournment. At the landlord’s request, the Judge
can order the tenant to deposit the future rent if the tenant requests
two adjournments or if the case has been in court for more than
30 days.
While you are waiting for the case to be called, you must be quiet.
Just as you would want other people to be quiet when your case is
being heard, others in the courtroom should receive the same courtesy.
If you are approached by the other party or the party’s lawyer
in your case, you do not have to speak to that person outside the
presence of the judge or court attorney. However, you should feel
free to step outside the courtroom to speak to the other party or
lawyer only if you want to. Every case will be discussed by either
the judge or the court attorney before you leave.
There is mediation available in some boroughs as an alternative
to having a judge decide your case. In a mediation session, a professionally
trained neutral person sits down with the parties, and each party
has an opportunity to explain his or her position on the issues
in dispute, listen to each other, and work together to reach a mutually
acceptable solution. Any agreement reached through mediation will
be reviewed by the Court. If you are unable to resolve your case
through mediation, your case will be sent back to the Resolution
Part. Not all cases are appropriate for mediation. Learn more
about mediation at Dispute
Resolution Through Mediation. If you wish to have a mediator
handle your case either tell the court clerk or say so when you
answer the calendar.
When your case is called the judge or court attorney will discuss
the case to see if the case can be settled. If after discussing
the case, the landlord and tenant agree to a settlement of the case,
a document called a Stipulation of Settlement will be written up
for the landlord and tenant to read and sign. No one can force anyone
to settle a case or sign an agreement. No one should agree to settle
a case if they do not agree with the terms of the settlement. The
Stipulation of Settlement is a binding agreement between the landlord
and tenant. In the Stipulation of Settlement, the landlord and tenant
may agree to do certain things by certain dates. If the landlord
or tenant fails to follow through on her or his end of the agreement,
there may be very serious consequences. It is important that you
only make an agreement that you know you can keep and that you agree
with.
If, after discussing the case, the landlord and tenant cannot reach
an agreement, the case will be referred to another part of the Housing
Court, called a Trial Part, for trial. Except, cases assigned to
the HP Part remain in the part for trial and do not go to a different
Trial Part. The trial may take place that day or it may be scheduled
for another date depending on the Court’s calendar and on
whether the Judge determines that the case is ready for trial. You
may learn more about trials at How
to Prepare for a Landlord-Tenant Trial.
If you have any questions that have not been answered here, you
can learn more about other housing court procedures by reading our
Legal and Procedural Information
sections. There is also a Public Resource Center in the courthouse
where you may obtain more information at no cost. Refer to Resource
Center to learn more and for hours of operation.
In some boroughs there is a free childcare center where you may
take your children while you have a case in court. Refer to the Childcare
Center for information.
View a video on the Resolution Part.
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