Skip to main content

Holdover case for nuisance (hud section 8)

New York, NY |

The landlords lawyer tried to get me to sign a stipulation saying we waive our rights to challenge anything (i guess in trial or court) as an exchange for a extension to come back to court with representation. If I would have waived my rights in civil court (hold over case) ... what would I have been waving my rights for? Like does that mean I would not hold them liable for certain things? or is this just more court legal terms you really don't need to know? The reason why I ask is because he was VERY persistent in tryint to get me to sign and I wonder if that means they know they have a weak case or something. thanks

and our agreement with my moms lawyer was to wauive the (Trans something) which he said meant we couldnt say we were served improperly. Yet he kept trying to add and reword (Challlange waived) and squeeze it in. He started turning red when I told he I would not agree without a lawyer and I would represent myself if needed and my mom and her lawyer could agree to waive any challenges because the ONLY thing I would agree to is NOT making them give us the petition again

Attorney Answers 1


Dear landlord asked me to waive rights to challenge anything?

You may have tried to use the exact language of the proposed waiver. Sometimes, when a tenant has already used the one free request to adjourn a case to obtain a lawyer, and still wants to adjourn for a lawyer, the tenant faces the prospect that the lawyer will over reach and take advantage of the tenant. Without you quoting the exact language used (and you should not be guessing what is intended you should know and if you do not understand you do not sign; that just makes common sense) I can "surmise" based on experience, that you may have been requested to consent to the evidence and proof of the landlord's prima facia case. That means that the landlord would not present a case at all at the trial, your waiver is an admission of the facts and evidence necessary to prove the landlord's prima facie case. I can "surmise" based on experience that you probably were not requested to waive or give up on trying to establish a defense at a trial, if you have a defense and the defense was asserted in your answer to the petition.

This does not mean they have a weak case. It means that the landlord wants to move the case to trial and cannot do so because you continue to delay the process. You should have had an attorney for your second court appearance, and no one would ask you to waive anything. You were being offered another adjournment to hire a lawyer, but the landlord's wanted wanted something back from you. In case you came back to court without an attorney, the landlord's lawyer would know his case is as good as done and the remainder of the case is yours. Without an attorney, you are not likely to keep your home.

Read more about how to Answer a Petition in a Holdover Proceeding at:

Read more about the process in Housing Court at:

Good luck.

The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.

Mark as helpful

1 found this helpful

2 lawyers agree




my mother did have an attorney at the second appearance. She is the one that was suppose to be making threats(nuisance) and they just added me because Im the co-head and said I didnt give my income (which I did)they tried to make us default by giving us the petition at the very last minute knowing we had 3 days to answer or in default with no trial needed. Incident suppose to happen in July and they didnt get the petition until sep alot of tricks are trying to be made.

Steven Warren Smollens

Steven Warren Smollens


OK. Did anything I mentioned make sense to you about what was going on in court? You need defenses, not just denials to succeed. Hopefully your attorney can help you to keep your home. Good luck



yes it really did I appreciate that.... ok thanks

Steven Warren Smollens

Steven Warren Smollens


OK. Good luck.

Civil rights topics

Recommended articles about Civil rights

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics