How to represent yourself in Housing Court

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I can always tell who’s representing

themself in court. Two months ago, I see this scared Gen-Z kid mumbling to himself in the hallway. As I walk by I go, "Hey dude, great Pixies t-shirt," and he goes, "It's my dad's." and I go 🤕

We chat about music and he goes “modest mouse is my favorite classic rock band” so I ask why he’s in court. It turns out he's going pro se because his job's $34k/year salary makes him ineligible for a free lawyer, but it's not enough to hire one, either. He was a real one, so I offered him some advice on surviving housing court. You can have it, too.

Me during that conversation

#1 Don't wear a band's t-shirt to that band's concert or to court

• What to Wear: Think professional job interview. A clean, collared shirt. Slacks or a modest skirt. A blazer or jacket if you have one. Basically, anything that tells the judge, "I am a serious adult who respects this court".

• What Not to Wear: Shorts, ripped jeans, tank tops, hats, or graphic tees. Looking professional has a psychological effect, but also you don’t want to wear a Yankees hat to court and hear your judge say “Sorry, we’re late but Dunkin Donuts had a wicked long line.”

#2 Prepare your battle binder

You wouldn’t fight tanks from horseback, so why would you show up to court with nothing. Make sure to have both a media device with digital files and a binder with PHYSICAL COPIES of the following:

• Core Documents: Your original lease, every single renewal, and every court paper the landlord served you.

• Proof of Payment: Canceled checks (front and back!), rent receipts, money order copies for EVERY payment made.

• Images: Bring clear, dated photos of everything wrong: the mold, the leak, the broken radiator.

• Videos: Bring a device that can connect to an HDMI Cable.

• Communications: Your phone call history, texts, and emails with your landlord or super about the problems.

• Other: Bring the official violation reports from HPD and anything else you think might be useful

#3 Know the Lingo

• 14-Day Written Rent Demand: The specific predicate notice required for a Nonpayment Case.

• Answer: Your formal response to the landlord's Petition. You MUST file this on time.

• Breach of Warranty of Habitability: A legal defense you can use if the landlord failed to provide a safe and livable apartment (e.g., no heat, major leaks, pests).

• Cross-Examination: When you get to question the landlord or their witnesses.

• Default Judgment: What happens when you don't file an Answer or show up to court. The landlord wins automatically.

• Holdover Case: When the landlord wants you out for a reason other than unpaid rent.

• Nonpayment Case: The landlord claims you owe them rent. Before they can sue, they must send a formal "14-Day Written Rent Demand".

• Notice of Termination: A predicate notice telling you the landlord is ending your tenancy on a certain date.

• Notice to Cure: A predicate notice in a Holdover Case that gives you a chance to fix a lease violation.

• Petition: The formal document the landlord files with the court to start an eviction case.

• Predicate Notice: A legal warning notice the landlord MUST send you before they can file a case in court.

• Pro Se: The term for representing yourself without a lawyer, it’s latin for “for yourself’.

• Stipulation of Settlement ("Stip"): The written agreement you and your landlord might sign to settle the case. It’s a binding court order, so read it carefully.

• Subpoena: A court order forcing someone to show up to court or provide documents.

#4 DEADLINES!

1. ANSWER THE PETITION ON TIME: After the landlord serves you with a petition, your first and most critical move is to file your "Answer" before the deadline

2. Understand the stakes: If you don’t then the landlord can win a "default judgment" and that’s game over and you don’t get any extra lives.

3. Double Edged Sword: The landlord and their lawyer must also follow these same rigid procedures for serving notices and court papers.

4. Exploit their mistakes: An improperly served notice or a defective court filing is a powerful defense that can get the entire case dismissed, forcing them to start over.
   

#5 Talk Less to Say More

Housing Court Judges are just like everyone else: tiktok has ruined their attention spans. If you start rambling, they will tune out immediately. Prepare an elevator pitch with the following:

1. What the Landlord Wants: "Your Honor, the landlord filed this nonpayment case claiming I owe $69,420".

2. Why They're Wrong (Your Core Facts): "Here are HPD violation reports, dated photos, and 12 emails I sent requesting repairs right here in my binder. I am legally withholding rent because of the breach of the warranty of habitability because for the last 6 months my apartment hasn’t had hot water, heating, or rizz".

3. What You Want: "Therefore, I am asking the court to dismiss the case".

#6 Be a secret agent

Do a covert op to gather critical intel by stopping at housing court and watching some cases from the back of the room.

• Scout the Judge: How do they treat tenants representing themselves? Are they patient or impatient?

• Analyze the Enemy: Watch the landlord attorneys. Notice how they talk and what arguments they make. Observing their tactics beforehand neutralizes their psychological impact on your big day.

• Learn the Layout: Find the clerk's office, the right courtroom, and the restrooms. Knowing the physical layout eliminates a huge source of anxiety.

Bonus points if you wear sunglasses and a trench coat and do a hokey Eastern European Accent ------->

#7 Hurry up & Wait

Utilize the time before you're called by:

• Reviewing your Battle Binder.

• Mentally rehearsing your opening statement.

• Finalizing questions for the landlord's petition.

• Listening to positive affirmations

• Texting the group chat about everything happening in court (Don't do this. This is a joke.

This active preparation maintains focus, reduces stress, and ensures readiness when your name is called.

#8 Don't make a hallway deal

Any deal the adversary offers you to sign is legally binding and they’re not going to offer you something if they don’t feel like things aren’t going to go their way. Politely dismiss them and walk into the court room and go kick some butt.

In conclusion

The kid got an adjournment and the next day he called. He said that he realized that representing himself wasn't free because instead he paid with dozens of hours of his personal time, time spent researching instead of living his life, and time spent in court instead of at his job. That's a real, tangible cost in lost wages and opportunity.

And that doesn't even touch the unseen costs—the intense stress and anxiety that come from facing eviction, a process that takes a significant psychological toll.

If you’ve done the math and realize the value of your time and peace of mind is worth more. You don't have to do this alone. HMU at contact@attorneyjaybrowne.com or 347.669.3256

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