In the high-stakes world of New York City landlord-tenant law, delay is the tenant's most powerful weapon. A non-payment case that should be straightforward can be dragged out for months, costing landlords thousands in lost rent and legal fees. At our firm, we've seen every trick in the book. Here are the three most common stall tactics we encounter and the strategies we employ to defeat them.

Tactic 1: The "Order to Show Cause" Ambush

The Order to Show Cause (OSC) is a legitimate legal tool, but it's frequently abused to halt a scheduled eviction at the eleventh hour. A tenant can walk into court the morning of the eviction, claim hardship or a procedural error, and get a judge to sign an order that sends everything back to square one.

Our response is pre-emptive. We build a case so robust from the outset that a judge is less inclined to grant frivolous OSCs. We document every communication and ensure every procedural step is flawless, leaving no room for error-based claims.

Tactic 2: The Phantom "Rent Assistance" Application

Claiming to have applied for ERAP or other "one-shot deal" programs is a classic delay tactic. While the application is "pending," the court case is often stayed. However, tenants may claim an application is pending when one was never properly filed, or it was denied months ago.

Our Counter-Strategy:

  • We demand proof of application immediately, including case numbers and agency contacts.
  • We actively follow up with the relevant city agencies to verify the status, rather than taking the tenant's word for it.
  • We argue forcefully in court that a "pending" application without any real progress is not grounds for an indefinite stay.

Tactic 3: The "Warranty of Habitability" Counterclaim

Suddenly, the non-payment of rent is not about money, but about alleged issues with the apartment—a leaky faucet from six months ago, a claim of inadequate heat, or other repair needs. These "warranty of habitability" claims, whether legitimate or fabricated, are designed to muddy the waters and force a rent abatement, reducing what the landlord is owed.

We neutralize this by advising our clients to maintain impeccable records of all repair requests and work orders. If a tenant raises a repair issue for the first time in court, we highlight to the judge that no prior complaint was ever made, exposing the claim for the delay tactic that it is.

In New York City's housing courts, you cannot afford to be reactive. You must anticipate these moves and have a strategy in place. That is the difference between getting your property back in a timely manner and being stuck in legal limbo for a year. It's not about theory; it's about what works.