The New York Affidavit In Support of An Order To Show Cause (Restore Possession) is a legal document filed by a landlord or tenant to initiate legal proceedings in a residential landlord-tenant dispute. The affidavit is used to request an order from the court to show cause why the tenant should not be evicted and why a landlord should not be allowed to regain possession of the property. The affidavit must include all pertinent information about the landlord-tenant case, including the nature of the dispute, the amount of rent owed, any damage to the property, and any other relevant details. The affidavit must be signed by both the landlord and the tenant. The affidavit must also include a sworn statement by the landlord or tenant that all assertions made in the affidavit are true and accurate. The New York Affidavit In Support of An Order To Show Cause (Restore Possession) has two types: 1. Non-Payment Proceeding: This is used when a tenant fails to pay rent and the landlord is seeking to regain possession of the property. 2. Holdover Proceeding: This is used when the landlord is seeking to regain possession of the property for some other reason, such as a violation of the lease agreement or damage to the property.
New York Affidavit In Support of An Order To Show Cause (Restore Possession)
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FAQ
An Order to Show Cause is way to present to a judge the reasons why the court should order relief to a party. For example, a party can seek an order granting discovery, or dismissing all or part of an action by bringing an Order to Show Cause.
Requirements for Contempt of Court There must be a clear order from the court in place. The person in question knew about the order, even if it was not formally served to them by a process server. The person has disobeyed the order, either by ignoring it or by purposefully acting in opposition to the order.
Making an Order to Show Cause An Order to Show Cause consists of a top page called an Order to Show Cause (OSC), followed by an Affidavit in Support of the OSC, and copies of any documents that the moving side (movant) thinks would help the Judge make a decision.
In New York, this type of substitute motion is called an "Order to Show Cause." An order to show cause can be heard anytime the court directs, even fewer than the usual eight days, and even as short as a few hours later, if the court is convinced there's a real emergency.
An Affidavit in Support is a sworn statement signed in front of a notary public that tells the court why a motion or order to show cause should be granted. The movant can file as many affidavits from as many people that he or she thinks will help the Judge decide to do what he or she wants.
Submitting the Order to Show Cause (OSC) Papers to the Court G Go to the Ex Parte Office, 60 Centre Street, Room 315, 3rd floor. Give the Clerk the original OSC papers (and original RJI and one copy, if the case is not assigned to a Judge).
The Judge may sign your order to show cause and stop the eviction until the case can be heard. In some situations, the judge may sign the order but not stop the eviction. The Judge may also sign the order to show cause, but place conditions, such as paying the rent or bringing proof of funds to pay to court.
"In order to obtain a court order you must prepare a Petition, which outlines you were are, what the relationship is to the person whose birth record you want, along with the purpose for the record. You may want to attach any documents you may have supporting your reasons for your request for a Supreme Court Order.