NYC order to show cause is the legal name for an emergency request you make to a Housing Court judge. It asks the judge to pause your case or your eviction until you can be heard. You fill it out at the clerk’s office, and a judge often reviews it the same day. A signed nyc order to show cause can stop a city marshal from changing your locks until your hearing.
As a result, you get time to fix a missed court date, pay back rent, or raise a defense.
When and Why to Use a NYC Order to Show Cause
You typically need one in three situations. First, you missed a court date and the court entered a default judgment against you. Second, a city marshal served you a Notice of Eviction. Third, you signed a settlement, called a “stipulation,” and cannot meet its payment deadline. In each case, a nyc order to show cause asks the judge to stop things and hear your side.
The order does two jobs. It sets a new hearing date. It can also include a temporary stay, which pauses the eviction until that hearing. Under CPLR 5015, a judge can undo a default if you had a reasonable excuse and a real defense. For example, a hospital stay may count. Never receiving the court papers may count too. You can read a plain definition of this court paper at Cornell’s Legal Information Institute.
However, timing matters most. Under RPAPL 749, a marshal must give you at least 14 days’ written notice before an eviction. That window is when a nyc order to show cause does the most good. You can still file one after a lockout. In most cases, though, getting back in is much harder than staying in.
What to Include (and What to Leave Out)
Every NYC order to show cause has two parts. The top part is the order itself. It lists what you want the judge to do, such as vacate a default, restore the case, or stay the eviction. The second part is your affidavit. This is a sworn statement you sign in front of the clerk or a notary. It explains your facts in your own words.
Your affidavit should cover three things: why you missed court or need time, your defense, and how you will pay if rent is owed. For example: “I have the full $4,200 from an HRA One Shot Deal approved on [date].” Attach proof like a hospital note, rent receipts, or an HRA letter. Leave out insults, long history, and unrelated complaints. Judges read many of these each day. A clear, short nyc order to show cause is easier to sign.
These New York deadlines shape when you should act. They come from state law and apply in all five boroughs.
| Step in the case | Exact deadline | Law |
|---|---|---|
| Written rent demand before a nonpayment case | 14 days | RPAPL 711(2) |
| Time to answer a nonpayment petition | 10 days after service | RPAPL 732 |
| Holdover petition served before hearing | At least 10, no more than 17 days | RPAPL 733 |
| Marshal’s Notice of Eviction | At least 14 days | RPAPL 749 |
| Motion to vacate a default judgment | Within 1 year of notice of entry | CPLR 5015(a)(1) |
| Possible stay after a holdover judgment | Up to 1 year | RPAPL 753 |
Sample NYC Order to Show Cause Affidavit You Can Adapt
The clerk has preprinted forms, and staff can help you fill them out. However, drafting your affidavit ahead of time helps you tell your story clearly when you use the nyc order to show cause form.
Sample template – adapt to your state and your situation. This is an informational sample, not legal advice.
CIVIL COURT OF THE CITY OF NEW YORK
COUNTY OF [Borough/County] – HOUSING PART [Part Number]
[Landlord Name], Petitioner,
against
[Your Name], Respondent.
Index No. [L&T Index Number]
AFFIDAVIT IN SUPPORT OF ORDER TO SHOW CAUSE
STATE OF NEW YORK, COUNTY OF [County], ss.:
I, [Your Name], being duly sworn, say:
1. I am the Respondent. I live at [Full Address, Apartment Number], New York, [ZIP Code].
2. I ask the Court to [vacate the default judgment dated [Date] / restore this case to the calendar / stay execution of the warrant of eviction].
3. I missed court on [Date] because [plain reason, e.g., “I was admitted to [Hospital Name] from [Date] to [Date]”]. Proof is attached as Exhibit A.
4. I have a defense: [e.g., “the rent claimed is wrong,” “I paid $[Amount] on [Date],” “the apartment has repair problems,” or “I was never properly served”].
5. [If rent is owed:] I can pay $[Amount] by [Date] from [source, e.g., HRA One Shot Deal, savings, family help]. Proof is attached as Exhibit B.
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6. I received a Marshal’s Notice of Eviction on [Date]. I ask for a stay of the eviction until this motion is decided.
7. [Choose one:] I have not made a prior request for this relief. / I made a prior request on [Date], and my facts have changed because [reason].
WHEREFORE, I ask that this Court grant this order and any other relief that is just.
____________________
[Your Name]
[Phone Number]
Sworn to before me on [Date]
____________________
Notary Public / Court Clerk
How to File and Serve Your NYC Order to Show Cause
Go to the Housing Court clerk in your borough early in the morning. Find locations on the NYC Housing Court website. Bring photo ID, your index number, the marshal’s notice, your proof, and extra copies. Tenants typically pay no fee for this filing. Still, confirm with the clerk. A judge will review your nyc order to show cause and may sign it, change it, or cross out the stay.
Read the signed order carefully before you leave. It tells you who to serve, how, and by what date. Typically you must serve the landlord or their lawyer. If a marshal is involved, you often serve the marshal too. Follow the method the judge wrote exactly. If mail is allowed, use certified mail with a return receipt. Keep copies of everything, and fill out the affidavit of service.
Get legal help the same day. Under NYC’s Right to Counsel law, many tenants with household income at or below 200% of the federal poverty level can get a free lawyer. Call 311, check the Office of Civil Justice, or call Housing Court Answers at 212-962-4795.
Frequently Asked Questions
Can I file a second nyc order to show cause if the first one did not work?
In most cases, yes, but it is harder. The form asks about earlier requests, and you must answer honestly. Judges typically want new facts, such as rental assistance money that just got approved.
Does filing stop the eviction right away?
No. Only a signed order with a stay pauses the eviction. Until the judge signs, the marshal can still act. Once it is signed, serve it right away, including on the marshal if the order says so.
What if I was already locked out?
You may still be able to file a nyc order to show cause asking to be restored to your home. Act within days, not weeks. Many tenants have been let back in after paying what is owed or showing a good excuse. However, no result is guaranteed, so contact legal aid right away.
Protect your stuff while you sort this out
A landlord’s insurance does not cover your belongings — renters insurance does, often for a few dollars a month. Compare options before your next move.
Find Your State’s Exact Rules
Notice periods, deposit caps, and the eviction timeline all change from state to state. Pick your state to see the exact days, dollar limits, and steps that apply where you live.
See Tenant Rights in All 50 States →
Sources & How to Verify
The rules on this page are drawn from official government and legal-aid sources. Tenant law changes, so always confirm the exact rule with your state’s statute or a local legal-aid office.
- HUD: hud.gov — federal renter protections and fair housing
- Legal Services Corporation: lsc.gov — find free legal aid in your state
- Cornell Legal Information Institute: law.cornell.edu/wex — plain-English legal definitions
- Your state statute & court self-help portal: search “[your state] landlord tenant act” and “[your state] court self-help eviction” for the exact law and forms
Content last reviewed September 2026. If you notice outdated information, please contact us.
New York Renter Guides
- New York Eviction Process
- New York Tenant Rights
- New York Security Deposit Law
- New York Rent Increase Laws
- New York Repairs and Habitability
- Breaking a Lease in New York
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Informational only — not legal advice. Tenant Rights Info is an independent educational resource, not a law firm, and this page does not provide legal advice. Landlord-tenant law varies by state and city and changes over time, so always verify the exact rule with your state’s statute, your local court’s self-help portal, or a legal-aid office. For urgent situations like an active eviction, contact a local legal-aid office or a licensed tenant attorney in your state right away.