Remand to ACS (Administration of Children's Services)
The temporary removal of a child during a PINS or neglect/abuse case. During that period, the child is under the control of the Administration of Children’s Services custody.
Remanding order
An order to the sheriff to hold a defendant in custody until his or her next court appearance, or until bail is posted.
Remittitur
The return of the records of a case from an appellate court to the original trial court. It has the appellate court’s decision and may direct the original court to do something.
Removal
A transfer of a juvenile defender case from criminal court to family court.
Removal of barriers to remarriage form
This form is necessary when the marriage was blessed in a religious ceremony by a member of the clergy, minister of any religion, or The Society of Ethical Culture. It requires the person getting the divorce to swear that they have taken all steps to remove religious roadblocks against the other person’s remarriage.
Rent control ordinances (Rent Control and Rent Stabilization)
Laws that limit rent increases and give certain rights to tenants, like when a landlord or owner can evict a tenant. Rent Control and Rent Stabilization laws are carried out by the Division of Housing and Community Renewal (DHCR).
Rent-to-own contract
An agreement between a manufactured home park owner or operator and a manufactured home renter that allows the renter to become the owner of the rented home after a certain time or event.
Rent-to-own payment
Money paid by manufactured home renters on a rent-to-own contract which are in addition to rent payments to live in the manufactured home.
Rental agreement
1. A lease. 2. An verbal or written agreement between a tenant and a landlord, or a subtenant and a primary tenant, that makes the terms of the tenancy, like the amount of the rent and when it is due.
Rental application form
A form that a landlord can ask a tenant to fill out before renting that asks for information about the tenant, like the tenant's current address, telephone number, employment history, and credit references.
Rental unit
An apartment, house, duplex, condominium, space, or room that a landlord rents to a tenant. When a tenant uses the rental unit to live in, it is called a “residential rental unit.”
Renter's insurance
Insurance that protects the tenant’s property against losses, including theft or fire. This insurance usually also protects the tenant against liability (legal responsibility) for claims or lawsuits filed by the landlord or by others who may say that the tenant negligently (without care) injured another person or property.
Renunciation of fiduciary letters
A notarized statement of an inability or unwillingness to act as a fiduciary.
Repair and deduct remedy
After a tenant asks for a repair that the landlord does not fix, the tenant can make the repairs with his or her money, then take that amount from future rents. Before doing this a tenant must give notice of the repair in writing to the landlord and give the landlord a “reasonable” amount of time to to answer. All money paid to correct the repair must be proved with receipts (from repairmen, items bought to fix the problem, etc.).
Replevin
Recovery of chattel (things). A case started to get an item back, not the money it is worth.
Reply
A plaintiff’s answer to a defendant’s counterclaim.
Reporter
A court official that writes down everything that is said during a trial, including the questions asked by the lawyers and answers made by the witnesses.
Representation
1. The act of standing in for, or acting for, another person: For example, a lawyer for a client. 2. A statement of an alleged (not proved) fact used to get someone to do something: For example, when a buyer a counts on a seller’s word that the roof does not leak. 3. Surrogate’s Court. A way money is given out in an estate. This type of distribution (per capita) everyone gets the same amount at each generational level (EPTL1-2.16).
Request for admission
A method of discovery where one party formally asks in writing the other party to admit the truth of certain facts.
See:
Request for Judicial Intervention (RJI)
A form filed with the court to ask to have a Judge assigned to the case.
Requisition
A written request to the court for a document. For example, asking the court for a copy of trial tapes.
Res
Latin: “Thing.” 1. What a case is about. 2. An object, an interest or a status, not a person.
Res judicata
Latin: “Thing decided.” 1. Issue decided by a judge. 2. A defense that says that an issue has already been decided between the same parties and can't be brought up again.
Residence
The place where a person lives.
Residential treatment center (RTC)
In Family Court it is a campus, often outside New York City, where youth live in group homes or “cottages.” New York City Children’s Services can put a youth in an RTC if it thinks that a youth needs more supervision or more contact with a social worker.