{"jurisdiction": "us-ny", "code": "nycrr", "section": "208.43", "citation": "Uniform Rules § 208.43", "heading": "Rules of the housing part", "text": ["(a) There shall be a housing part for the hearing of all actions and proceedings in all matters arising under section 110 of the NYCCCA.", "(b) All rules of the Civil Court shall apply to the housing part whenever practicable, except when otherwise provided by statute or as otherwise provided in this section.", "(c) There shall be paid to the clerk the following sums as a fee in an action or proceeding in the housing part:", "(1) upon the request of a tenant for an order directing the owner to correct the violation and to impose a penalty for failure to comply timely with the order-- $20;", "(2) upon the issuance of a petition by a landlord for the removal of housing violations-- $20.", "(d) Summons.", "(1) The summons shall state the county division and location of the court in which the action is brought, as well as the names of the parties and the address of the premises, and shall comply with all the provisions of the NYCCCA applicable to summonses.", "(2) Form of summons. The summons in a case involving an action in the housing part for the recovery of civil penalties shall be in such form as may be promulgated by the Chief Administrator.", "(3) Where a hazardous or nonhazardous violation is alleged and the summons is personally delivered to the landlord or its registered agent within the City of New York, the defendant shall appear and answer within 10 days after such service.", "(4) Where a summons for a hazardous or nonhazardous violation is delivered by mail or by any other method provided in NYCCCA 110(m), the defendant shall appear and answer within 20 days after the proof of service thereof is filed with the clerk of the housing part.", "(5) Where the summons for a hazardous or nonhazardous violation is personally delivered to the landlord or its registered agent, the affidavit of service thereof shall be filed with the clerk of the housing part within five days after personal delivery.", "(6) Where the summons for a hazardous or nonhazardous violation is served by any other method provided in NYCCCA 110(m), the affidavit of service thereof shall be filed with the clerk of the housing part no later than 10 days from the date the summons is posted and mailed (where such mailing is required).", "(7) Where the summons for a hazardous or nonhazardous violation is served outside of the City of New York, the affidavit of service thereof shall be filed with the clerk of the housing part within 10 days after service.", "(8) A penalty action for an immediately hazardous violation shall be commenced by an order to show cause, returnable within five days, or within a lesser time period in the discretion of the court.", "(9) Upon the signing of an order to show cause and prior to the service thereof, the clerk of the housing part shall issue an index number.", "(10) Venue.", "(i) In any action or proceeding in the housing part of the Civil Court, the action or proceeding must be brought in the county in which the real property is situated (NYCCCA, section 302).", "(ii) An action or proceeding involving premises located in postal ZIP codes 10035 and 10037, and the Taft Houses and the Jefferson Houses, shall be noticed and filed in the Harlem courthouse.", "(iii) An action or proceeding involving the following premises in which the New York City Housing Authority is a party shall be noticed and filed in the Red Hook Community Justice Center:", "Wycoff Gardens (Houses)", "Gowanus Houses", "Red Hook East Houses", "Red Hook West Houses", "Atlantic Terminal (Houses)", "572 Warren Street Development (Houses)", "(e) The answer shall be verified and shall include any affirmative defenses or defenses in mitigation of the defendant's liability as set forth in section 27-2116 of the Administrative Code. In cases involving an immediately hazardous violation, the defendant may interpose an oral answer before the court.", "(f) Where a defendant defaults by failing to answer the summons or order to show cause, an inquest shall be taken before the court. If the defendant consents to a judgment imposing a civil penalty, no inquest is required to be taken, and judgment shall be entered on consent by direction of the court.", "(g) Notice of Trial. Where all parties appear by attorney, any party may serve a notice of trial on the others, fixing a date for trial not less than five nor more than eight days after service of such notice, and shall file such notice with proof of service thereof at least four days before the date fixed for trial with the clerk of the housing part of the Civil Court, who shall thereupon place the case on the calendar for trial. Where the defendant appears in person, the clerk of the housing part shall fix a date for trial not less than five nor more than 15 days after joinder of issue, and shall immediately notify all the parties by mail of such date. If any of the parties has appeared by attorney, the clerk shall notify the attorney.", "(h) Rules of evidence shall apply in all actions and proceedings in the housing part. The order of proof shall be determined by the court.", "(i) The decision of a judge or housing judge shall set forth conclusions of fact. Said judge or housing judge shall render such decision within 30 days after trial of a nonhazardous or hazardous violation, and within 15 days after trial of an immediate hazardous violation or an injunction.", "(j) The housing part shall be presided over by a judge of the Civil Court or, in the discretion of the administrative judge, by a housing judge. The presiding judge shall assign the individual cases to housing judges and Civil Court judges, except actions and proceedings to be tried by jury shall be tried before a judge of the Civil Court.", "(k) All applications for impleading shall be made to the judge of the calendar part or, if the case has been assigned for trial, to the trial judge.", "(l) No disclosure or bill of particulars shall be allowed without an order of the court in an action or proceeding to impose a civil penalty in the housing part.", "(m) The Department of Housing Preservation and Development (HPD) shall not have costs taxed against it, and shall be exempt from paying any fees required by this section or the NYCCCA."], "official_source": "https://www.nycourts.gov/rules/part-208-uniform-civil-rules-new-york-city-civil-court", "from_official_api": false, "plain_english": "- A **housing part** hears all matters under **NYCCCA § 110**; all Civil Court rules apply when practicable.\n- **Fees:** **$20** on a tenant's request for a repair order/penalty; **$20** on a landlord's petition to remove violations. ★\n- **Summons / answer days (hazardous or nonhazardous violation):**\n  - Personally delivered to landlord/agent within NYC → **answer within 10 days.** ★\n  - Served by mail/other NYCCCA 110(m) method → **answer within 20 days** after proof of service filed. ★\n  - Affidavit of service filed: **within 5 days** (personal delivery), **within 10 days** (mail/other method), **within 10 days** (served outside NYC). ★\n- An **immediately hazardous** violation penalty action is commenced by **OSC returnable within five days** (or less); the clerk issues an index number on signing.\n- **Venue:** action brought in the **county where the property sits** (NYCCCA § 302); the Harlem-courthouse and Red Hook-NYCHA special venues apply.\n- Answer is **verified** (may be **oral** for immediately hazardous violations); default → **inquest**, or consent judgment without inquest.\n- **Notice of trial:** all parties by attorney → date **not less than 5 nor more than 8 days** after service, filed **at least 4 days** before trial; defendant in person → clerk sets trial **5–15 days** after joinder and notifies all. ★\n- **Rules of evidence apply.** Decisions set forth findings of fact, rendered **within 30 days** (nonhazardous/hazardous) or **within 15 days** (immediately hazardous / injunction). ★\n- The part is presided over by a **Civil Court judge or housing judge** (jury cases → Civil Court judge). No disclosure/bill of particulars in civil-penalty cases without a court order. **HPD** pays **no costs or fees.**\n\n---\n\n**★ Exam hits:**\n- **Five county divisions** (Bronx, Kings, New York, Queens, Richmond); a **term = 4 weeks, 13 terms/year**; **§§ 208.2 and 208.3 cannot be waived.**\n- **Summons answer times:** personal delivery in NYC → **20 days**; any other service → **30 days**. Consumer-credit summons needs the **12-point bold caps caveat + Spanish**, and the clerk's **additional mailing** requires **20 days** before a default.\n- **CPI redaction:** SSN/EIN (last 4 ok), DOB (year ok), minor's name (initials), account numbers (last 4). Name-change/sex-designation filings are **immediately sealed, anonymous caption.**\n- Key day-counts: **one 10-day** ex parte answer extension (§ 208.7); preliminary conference **within 45 days** of joinder, set **within 45 days** (§ 208.9); motions returnable **9:30 a.m.** (§ 208.11); restore a stricken case **within one year**, new number gets **\"R\"** (§ 208.14); discontinuance filed **within 20 days** (§ 208.16); motion to strike notice of trial **within 20 days** (§ 208.17).\n- Medical-report web (§ 208.13): exam **30–60 days** after notice; reports **20 days** before exam; examiner's report **within 45 days**; sufficiency motions **within 20 days**; non-exchange = **preclusion.**\n- Orders for signature (§ 208.33): submit **within 60 days** (else abandonment); settle service **5 days personal / 10 mail**, counter-orders **2 / 7**.\n- Small & commercial claims: clerk mails notice **within 5 days** (first-class + certified); **$55 jury fee, $50 undertaking, $3 counterclaim fee, $25** jury-loss costs; **one-hour** grace on default; dismissed if not served **within 4 months**; arbitration award entered **within 2 days**, filed **within 30**; commercial-claims **five-claims-a-month** cap and **10–180-day** demand-letter rule.\n- Housing part (§ 208.43): **$20** fees; violation answer **10 days** (personal in NYC) / **20 days** (mail/other); immediately hazardous OSC **returnable in 5 days**; decisions in **30 days** (regular) / **15 days** (immediate hazard); **HPD pays no fees/costs.**\n- Judgment-enforcement exams (§ 208.39): **no more than two adjournments** without the judge's approval; subpoena carries a **contempt warning.**\n\n\n---\n*Verbatim statute:* [[Uniform Rules - Part 208]]", "retrieved": "2026-09-27", "url": "https://elyphived.com/us-ny/nycrr/208.43", "publisher": "Elyphived LLC"}