Guidelines

A way for measuring something based on the law. For example, how much money must be paid in child support, or how long a criminal sentence should be. In family law, a standard method for figuring out child support payments based on the income of the parent(s) and other factors according to state law.

Guilty

1. Having committed a crime or being responsible for a crime. 2. The decision by the court that a person committed a crime. 3. When a person admits that they committed a crime.

Guilty plea

When a person admits in court that they are guilty of the crime charged in a criminal complaint, information, or indictment.

Habeas corpus

Latin: “You have the body.” The name of an order used to bring a person to a court or Judge to decide if that person is being denied given his or her freedom, against the law.

Habitable

A place fit for people to live in. A rental unit that follows important building and safety code standards that affect tenants' health and safety is called "habitable."

Harassment

Is defined as any act or failure to act that intends to cause or causes a tenant or legal occupant to vacate or waive any occupancy rights. Harassment may include: 1. The use of force or threats of force against a legal occupant. 2. Knowingly providing a legal occupant with false or misleading information about the apartment. For example, offering a lease without telling a tenant that the unit is rent stabilized. 3. Turning off heat, hot water or electricity. 4. Illegally changing the locks. 5. Charging a higher rent than legally allowed. 6. Offering to buyout a tenant while using threats, intimidation, or obscene language. 7. Offering a buyout based on false information. 8. Repeatedly contacting the tenant on weekends, holidays, outside normal business hours unless tenant previously approved outside work hours in writing. 9. Failing to correct hazardous or immediately hazardous violations within the dwelling or common areas. 10. Repeatedly starting false court proceedings. For example, starting nonpayment proceedings even though rent is paid.

Hearing

A formal court proceeding where the Judge and all sides are in court, but there is no jury. Testimony may be given, exhibits reviewed, and/or legal arguments made to help a Judge decide an issue in a case.

Hearsay

Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay usually can not be used as evidence in court.

Heir

A person that inherits or receives money or property from someone who has died.

Holding cell

A cell inside a courthouse where prisoners are held in custody before and after their court appearance.

Holdover proceeding

A court case started by a landlord/owner to get back control of a place.

Home detention

When an electronic device is put on a prisoner's body to keep track of where the prisoner goes.

Homicide

When a person kills another person directly, indirectly (didn't try to stop it,) or has someone else kill for them. Homicide is not always a crime. Homicide can be: 1. Excusable - the result of a lawful act when no hurt was intended or from an act of self-defense. 2. Criminal - the result of any wrongful act without any excuse or justification in law. 3. Justifiable - the result of an intentional but lawful act such as the execution of a death sentence by an agent of the law (can also be self-defense).

HP case

(Housing Part case) A case brought in the Housing Part of the Civil Court asking for repairs and for the enforcement of housing standards.

Human Resource Administration (HRA)

HRA/DSS is a New York City Agency that oversees the city’s public assistance programs and projects.

Hung jury

A jury that can't agree on a verdict.

Huntley Hearing

A hearing held to ask the court to not use a statement made by the defendant based on the idea that the statement was gotten illegally.

I & R (Investigation and Report)

A court ordered report asking the Probation Department or Administration of Children’s service to investigate the people in a case and to make a written report for the next court date. The investigation usually includes interviews with the parties and/or children and possibly a home visit. This report may also be called a court ordered investigation (COI).

IEP

Stands for "individualized education program." An IEP is designed to meet the exceptional educational needs of public school students that are eligible for special education services.

Illegal parking

Violation of any state or local parking regulation.

Immunity

The right to be excused from a duty, obligation or penalty.

See:

Impaneling

The way jurors are picked and sworn in.

Impeachment

1. Saying the testimony (story) of a witness is not true. For example, if an attorney can show that a witness made up parts of his or her testimony, the witness is said to be "impeached." 2. The constitutional process used by the U.S. House of Representatives to remove a public official from office.

Impleader

A person added to a case by a defendant.

Implied warranty of habitability

A legal rule that makes landlords keep their rental units fit for people to live in. A rental unit must comply with important building and housing code standards that affect tenants' health and safety.