what is the main responsibility of the court attorney in housing court?

Who we serve The Housing Court Department handles all matters involving residential housing such as eviction cases, small claims cases, and civil actions involving personal injury, property damage, breach of contract, discrimination, as well as code enforcement actions and appeals of local zoning board decisions that affect residential housing.

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What is the role of the lawyer in court?

Housing Court locations and hours are also available. The only legal way a landlord or building owner may evict a tenant who refuses to move voluntarily is through an eviction proceeding in Housing Court. You can get general Housing Court information: Online. Get Housing Court locations and hours.

What kind of cases does the Housing Court Department handle?

Jun 20, 2016 · Each lawyer's task is to bring out the facts that put his or her client's case in the most favorable light, but to do so using approved legal procedures. In a criminal case, the government's lawyer is called the prosecutor -- usually an assistant district attorney (state court cases) or assistant U.S. attorney (federal court cases).

What is the role of the judge in a criminal case?

For further information on this process, view the publication A Tenant's Guide to Summary Process (Eviction), JDP-HM-15 or (en español, JDP-HM-15S) in Adobe Acrobat PDF, or obtain a copy from the Clerk's Office of any court handling housing matters, or by emailing a request to [email protected].

What is the role of the jury in a court case?

Jan 01, 2007 · (1) An attorney or unrepresented party whose mailing address, telephone number, fax number, or e-mail address changes while a case is pending must promptly serve and file a written notice of the change in the reviewing court in which the case is pending. (2) The notice must specify the title and number of the case or cases to which it applies.

What is a lawyer's role in court?

As advocates, they represent one of the parties in criminal and civil trials by presenting evidence and arguing in court to support their client. As advisors, lawyers counsel their clients about their legal rights and obligations and suggest particular courses of action in business and personal matters.

What is a court in housing?

Legal Definition of housing court : a court having limited jurisdiction over certain property and housing cases (as landlord and tenant disputes)

How do I file a claim against a landlord in NY?

For general questions, call the main number, 212-306-7450. To file a complaint, call the number for scheduling appointments, 718-722-3130.

Can you sue your landlord NYC?

You can sue your landlord in housing court to force them to make the repairs. This is a special kind of case called a "Housing Part" case, or more commonly, an "HP action" or "HP case." An HP action is a case that you file against your landlord when the landlord will not make repairs or provide services.

How do I claim against my landlord?

You can make a formal complaint by writing a letter to your landlord. Explain your problem and what you want them to do to solve it. Tell them what rights you have and what you think they should have done. Talk to an adviser at your nearest Citizens Advice to find out what rights you have.

Can I sue my landlord for legal aid?

You can't get legal aid to claim compensation.Mar 18, 2020

Can my landlord sue me for not paying rent?

Some of the more common reasons a landlord can sue a tenant include: Unpaid Rent: If a tenant has not paid their monthly rent, you can first send them a notice to pay rent or quit. If that does not work, you can file to evict the tenant. At the same time, you can also sue them for any rent they owe.Dec 1, 2020

Is NYC landlord tenant court open?

New York State courts are open and offering limited in-person assistance for health and safety reasons. New York City Housing Court is currently open for emergency cases, including if you: Are locked out of your home without a court order. Need emergency repairs.

How do I sue someone in small claims court in NY?

To begin an action in Small Claims Court, a person, or someone acting on his or her behalf, must come to the Small Claims Court Clerk's office in the proper county and fill out a statement of claim. To find out where the clerk's office is located in your county, click on Locations.Nov 4, 2021

What are landlords responsible for in NYC?

What are the responsibilities of my landlord? Owners must ensure that buildings are safe, clean and well maintained, in both common areas and in individual apartments. Among other responsibilities, owners must provide and maintain security measures, heat, hot and cold water, and good lighting.

What are the legal responsibilities of a landlord?

Landlord's responsibilitiesrepairs to the structure and exterior of the property, heating and hot water systems, basins, sinks, baths and other sanitaryware.the safety of gas and electrical appliances.the fire safety of furniture and furnishings provided under the tenancy.More items...

How do I sue my landlord for unsafe living conditions in NYC?

How To Sue My Landlord For Unsafe Living ConditionsReport to your local housing authority.Sue them in small claims court.Move out abruptly.Deduct the number of repairs from the next rent.

What is the phone number for housing court?

For help answering your case, you can call Housing Court Answers at (212) 962-4795. You can also call Housing Court's emergency phone numbers daily from 9 AM to 5 PM. Leave a message with your phone number and a court attorney will return your call. Court. Phone Number.

What time does the landlord office open?

Landlord/Tenant general office hours are Monday, Tuesday, Wednesday, and Friday from 8:30 AM to 5 PM, and on Thursdays from 8:30 AM to 7 PM. On Thursdays, access to the Clerk's Office after 6:30 PM is limited to emergency applications.

When will the evictions end in 2021?

Governor Cuomo signed an extension of the COVID-19 Emergency Eviction and Foreclosure Prevention Act prohibiting evictions related to the COVID-19 pandemic until August 31, 2021. Tenants who have experienced financial hardship or for whom moving from their home would pose a hardship during the COVID-19 pandemic, ...

Can you be evicted for nonpayment?

You cannot be evicted for nonpayment or any other reason unless the court has issued a Warrant of Eviction. Only a Marshal or Sheriff can carry out a warrant and remove tenants from their home. Landlords cannot lock out tenants. Your landlord can still collect rent as scheduled; there is no rent suspension at this time.

What is the little divider between the judges and attorneys called?

Ever notice that little divider almost every courtroom has between where the attorneys and judge sit (the "well") and the chairs in the back for an audience? That divider is called the “bar,” and is actually why the organizations that regulate attorneys are called “bar associations.” When one passes the licensing exam to become an attorney, it is known as “passing the bar” because they were no longer the lay people forced to sit behind the bar, but could now join the legal professionals sitting in the well by passing the bar dividing the two parts of the court room.

What is a court reporter?

The court reporter, or stenographer, is the person that records everything that is said in a legal proceeding. Not every case has a court reporter, so you may not see one in a non-criminal dispute. Because the court reporter is charged with taking down, word-for-word, everything that is said in a court proceeding, you will often hear them interrupt testimony to ask someone to repeat what they said or to speak slower or one at a time. Some jurisdictions ask the court reporter to issue the oath of truthfulness, as well, when available. If one needs a copy of the written account of the hearing, the court reporter is the person who can make arrangements to transcribe the record, usually for a fee. The written record of everything that was said in a court proceeding is called the “transcript.”

What is a chamber hearing?

A judge's chambers are generally his offices , and usually include a small conference room in which a hearing may occur. Sometimes the chamber hearing room (or just “hearing room” in many modern courthouses) is separate from the judge's actual office, or shared by several judges. If one reads a notice of hearing that says a matter will be heard “in chambers,” that simply means the judge will not be using his courtroom, but instead will use a smaller hearing room. Similarly, if someone is asked to see the judge in his or her chambers, that means he wants to speak to them (usually privately) in his office.

What is the clerk of the court?

The clerk of the court is the person responsible for keeping all of the filed paperwork and exhibits for the court. There is usually an actual person called the clerk of the court, but he or she has a number of deputy clerks that are the ones who typically attend ordinary court proceedings. In some jurisdictions, the clerks are also responsible for administering the oath regarding giving truthful testimony. The clerk usually sits somewhere near the judge in the courtroom, and may even be in a recess that looks much like a witness stand.

What is a bailiff?

A bailiff is a law enforcement officer charged with maintaining peace and security in a courtroom. Many jurisdictions use deputy sheriffs, and federal courthouses have U.S. marshals. Bailiffs are the ones who typically announce “all rise” as the judge enters and leaves the courtroom. To aid in keeping distance between the judge and those in the courtroom, bailiffs often offer to carry documents and evidence from counsel tables to the bench. If a bailiff asks you to do something, they are a law enforcement official, and the only person with more authority in the courtroom is the judge, so you should always comply.

What is bench trial?

It is also a metaphor for the judge's role in a court proceeding. So, if you hear someone refer to a “bench trial,” that is a trial with only a judge and no jury , or a “bench warrant” is a warrant issued by a judge on his or her own initiative (usually because of someone missing court or being in contempt of an order by the judge).

What is the jury box?

This is the jury box. In traditional proceedings, this is where a jury will sit to hear testimony and review the evidence. Many criminal courtrooms also use the jury box to hold inmates awaiting hearings like arraignments/first appearances, evidentiary hearings, etc. Some smaller courtrooms that are used exclusively for bench trials ...

Where do lawyers sit in court?

In the courtroom, the lawyers for each party will either be sitting at the counsel tables near the bench or be speaking to the judge, a witness, or the jury. Each lawyer's task is to bring out the facts that put his or her client's case in the most favorable light, but to do so using approved legal procedures.

What is the role of a jury in a case?

It's the jury's role to decide the facts in the case, and to apply the law on which the judge has instructed it in order to reach a verdict. In cases where the evidence conflicts, it's the jury's job to resolve the conflict and decide what really happened.

What is a witness called when they testify in court?

Because the witnesses are asked to testify by one party or the other, they are often referred to as plaintiff's witnesses, government witnesses, or defense witnesses.

How do court reporters record?

The court reporter sits near the witness stand in the courtroom and records everything that is said during the trial (or introduced into evidence) by typing it on a stenographic machine or by making an electronic sound recording. This becomes the official record of the trial. The court reporter also produces a written transcript of the proceedings if either party appeals the case or requests a transcript. Court reporters don't work only in the courtroom. They also record depositions in attorneys' offices and some conferences in judges' chambers.#N#The great majority of court reporters use a stenotype, a machine that translates keystrokes into symbols that correspond to the spoken word. Some use shorthand and a few use a steno mask, repeating everything that is said in the courtroom into a mask connected to a tape recorder, and transcribing it later. Finally, electronic sound recording uses microphones placed in the courtroom to record proceedings on a multi-track tape, which is monitored by a clerk's office employee (who need not be trained as a court reporter).

What is a courtroom clerk?

The courtroom clerk (sometimes called the courtroom deputy) is usually seated in the courtroom near the judge. The courtroom clerk administers oaths to witnesses and interpreters, takes care of records and exhibits, keeps minutes of proceedings, prepares judgment and verdict forms, and generally helps the judge keep the trial running smoothly. The courtroom deputy is usually employed by the office of the clerk of court.

What is bench trial?

in jury trials, to give the jury instructions about the law that applies to the case and the standards it must use in deciding the case before it begins its deliberations about the facts in the case; in "bench" trials (cases tried before the judge, without a jury), to determine the facts and decide the case; and.

Which amendment gives the accused the right to be confronted by witnesses?

Specifically, the Sixth Amendment to the Constitution provides that"the accused shall enjoy the right . . . to be confronted with the witnesses against him.". Parties in civil cases also have a right to attend their trials, but they often choose not to.

What is the role of a lawyer in a court case?

Each lawyer's task is to bring out the facts that put his or her client's case in the most favorable light, but do so using approved legal procedures.

What is the job of a court reporter?

The Court Reporter. The court reporter sits near the witness stand and usually types the official record of the trial (everything that is said or introduced into evidence) on a stenographic machine. Federal law requires that a word-for-word record be made of every trial.

What is the job of a judge?

The Judge. The judge presides over the trial from a desk, called a bench, on an elevated platform. The judge has five basic tasks. The first is simply to preside over the proceedings and see that order is maintained. The second is to determine whether any of the evidence that the parties want to use is illegal or improper.

What is a federal criminal lawyer?

In federal criminal cases, that lawyer is the U.S. Attorney or an assistant U.S. attorney. On relatively rare occasions, defendants in criminal cases or parties in civil cases attempt to present their cases themselves, without using a lawyer.

What is the role of a courtroom deputy?

The courtroom deputy, who is usually seated near the judge, administers the oaths to the witnesses, marks the exhibits, and generally helps the judge keep the trial running smoothly.

What is a witness called when they testify in a court case?

Because the witnesses are asked to testify by one party or the other, they are often referred to as plaintiff's witnesses, government's witnesses , or defense witnesses .

When will housing benefits be paid?

8 October 2020. Housing benefit regulations allow for ongoing payment of benefit while the claimant is absent from home in certain circumstances. The length of time during which benefit can be paid depends on the reasons for the claimant’s absence.

What is the EWCA 2876?

In R (Safi) v The Borough Council of Sandwell [2018] EWCA 2876 the Court of Appeal for England and Wales clarified the factors which are relevant in determining whether a household is homeless for the purposes of section 175 (3) of the Housing Act 1996.

What is Guiste v Lambeth?

In Guiste v Lambeth LBC (2019) WECA Civ 1758 the Court of Appeal in England and Wales once again considered the issue of vulnerability and priority need. The case concerned an application for homelessness assistance by a young man who was alleged to have both physical and mental health issues and who was found not to be in priority need by the council.

Is UC pay twice in one assessment period unlawful?

The High Court ruled today that the DWP's treatment of UC claimants who are paid twice in one assessment period is unlawful, with the judgment descriping DWP's approach as "odd in the extreme".

Is the Right to Rent scheme in England?

The High Court of Justice in England has ruled that the government's Right to Rent scheme breaches human rights law and cannot be rolled out to Northern Ireland, Wales or Scotland without further evaluation.