What happens during a first court appearance in housing court?

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You just received a notice informing you to appear in housing court on said date and time. You may have been aware that this was coming, or this news may leave you shocked and distraught. Either way, this is obviously not good news, and you are going to have to face this challenge.

Stay with me as we uncover what your first court appearance might look like.

If you haven’t read the second article of this series My landlord is trying to evict me in housing court, now what? I suggest that you read it first, and come back here afterwards.

Show Up!

Whether you understand or agree with your landlord’s claim, you must go to court at the required date and time to fight this case. Refusing to show up is NOT an option, you need to take on the opportunity to defend yourself. Should you not show up in court, the case will be adjourned a couple of times, and you will most likely lose your home by default. If you attend, however, you may have the opportunity to retain free legal representation, you will have the chance and opportunity to speak to the judge, and explain the circumstances surrounding this case, you will also be able to explain why you believe you shouldn’t be evicted, and provide proof of your arguments. It is important for you to know and remember that you will continue to be allowed in your home for many months, maybe years, while this case is being litigated. Court cases take A WHILE.

You will not be evicted today!

Many tenants are afraid to lose their home at their first court appearance. IT WILL NOT HAPPEN! Chances are, that you are not even going to see a judge on that day. When your case gets first calendared, your case will be one of many scheduled that day, and the time allocated for yours will be very minimal. All of that to say that no determination on your case will be made that day. Be reassured that you will not lose your home on your first case appearance, PROVIDED THAT YOU DO NOT AGREE OR SIGN A STIPULATION OF SETTLEMENT with the landlord. Whatever you decide to do, please keep in mind that you should NOT sign away your home, by fear of losing it. Be assured that your court case will be going on for many months and there is no urgency to agree to or sign any deal with your opponent. Stand still and stand strong, and do not let the landlord or their attorney bully you into any agreement.

Interaction with the clerk

On your first court appearance, your main interaction will be with the judicial clerk. The clerk is an attorney who basically acts as full-time assistant to the judge. Every judge has their own clerk. They assist judges during court appearances, conduct legal research and help prepare decisions and other legal documents.

During this first court appearance, the clerk will ask if both parties* are present, and inquire if any attorney has been retained. If the respondent does not have an attorney, the clerk will most likely refer them to a legal provider for legal advice or legal representation. Then, the case will be adjourned, meaning that it will be scheduled for a later date. At that second court appearance, though, you will most likely appear in front of the judge.

Meeting with a legal aid organization

On occasion, you may be able to meet with the legal provider that same day in housing court. If that’s the case, you will have to go through an intake, during which you will be asked a few (many) questions to establish if you are eligible to receive free legal representation. Be ready to wait in line for your turn, and you will, most likely spend a few hours in court that day.

If you have any obligation, such as having to go back to work, or picking up your kids, ask to schedule the intake by phone instead. Provide your exact phone number, name, case index number, and best days and times to be reached. Find somewhere quiet and calm to hold this phone call.

You do not want to miss out on the opportunity to discuss your case with a housing attorney. Best case scenario, they may be able to take on your case, meaning that a housing attorney will represent you in court. Worst case scenario, you are unable to retain free legal representation, but are still eligible to receive legal advice about your case. Check out the article on The Disturbing Reality of the Right to Counsel in the Aftermath of the Covid-19 Pandemic for more insight on legal representation v. legal advice.

I hope it helps, don’t give up on yourself. You have rights, claim them!