How to Request an Adjournment in NYC Housing Court (2025 Guide)

Need more time before your Housing Court hearing? An adjournment can give you the breathing room to prepare your case, gather evidence, or find legal help. Here's how to request one — and what happens if you don't show up.

What Is an Adjournment?

An adjournment is a temporary postponement of your Housing Court case to a later date. It doesn't dismiss the case — it simply moves your hearing to give you more time.

Tenants commonly request adjournments to:

• Prepare a proper defence to the landlord's claims
• Gather evidence (lease, rent receipts, photos, repair requests)
• Find a lawyer or legal aid organisation
• Work out a settlement or payment plan with the landlord
• Deal with a personal emergency or scheduling conflict

Your Right to an Adjournment

After your first adjournment, the judge has discretion over whether to grant additional postponements. You'll need to provide a reason, and the judge will consider whether it's reasonable.

Only Judges Can Grant Adjournments

This is important: clerks cannot grant adjournments. Only a Housing Court judge has the authority to postpone your case.

If you call the clerk's office and ask to postpone your hearing, they'll tell you that you need to appear in court and make the request to the judge — or submit a written request that the judge will review.

How to Request an Adjournment

Option 1: Appear in Court Yourself (Best Option)

The most reliable way to get an adjournment is to appear in court on your scheduled date and ask the judge directly. When your case is called:

1. Stand up and approach the bench
2. Tell the judge you're requesting an adjournment
3. If it's your first request, you don't need to explain why
4. If it's a subsequent request, briefly explain your reason

The judge will typically grant a first adjournment without questions. You'll receive a new court date, usually 2-4 weeks later.

Option 2: Send Someone With Written Authorisation

If you absolutely cannot attend, you can send someone to court on your behalf. Give them a signed letter stating:

• Your name and the case index number
• That you authorise this person to appear for you
• That you're requesting an adjournment
• The reason you cannot attend (if applicable)

The person you send cannot negotiate on your behalf or make agreements with the landlord — they can only request the adjournment.

Option 3: File an Affidavit of Unavailability

If you know in advance that you cannot attend your court date, you can file an Affidavit of Unavailability (Form CIV-GP-151) with the court.

This form explains why you cannot appear and requests that the case be adjourned. You must file it before your court date and serve a copy on the landlord or their lawyer.

Download the form from the New York Courts website.

Option 4: Write a Letter to the Court (Emergency Only)

In emergencies, you can write a letter to the court requesting an adjournment. This is less reliable than appearing in person, but it's better than not responding at all.

Your letter should include:

Send the letter to the court and send a copy to the landlord or their lawyer. Keep proof that you sent it.

What Happens If You Miss Your Court Date

A default judgment can lead to:

• A warrant of eviction being issued immediately
• A money judgment for back rent and legal fees
• Eviction by a marshal within days

The numbers are stark: over 23,000 default judgments were issued in NYC Housing Court in 2019 alone. Many of these tenants may have had valid defences but lost simply because they didn't show up.

How to Undo a Default Judgment

If you've already missed your court date and a default judgment has been entered, you may be able to get it vacated (cancelled). You'll need to:

1. File an Order to Show Cause asking the court to vacate the default
2. Explain why you missed your court date (reasonable excuse)
3. Show that you have a valid defence to the landlord's claims
4. Act quickly — the longer you wait, the harder it becomes

The Housing Court has a DIY (Do It Yourself) program that can help you prepare the Order to Show Cause. Visit the Help Center in your borough's Housing Court.

Tips for Your Adjournment Request

• Arrive early: Housing Court can be busy. Give yourself time to find the right courtroom.
• Bring your papers: Have any court documents you've received, including the petition and notice of petition.
• Be respectful: Address the judge as "Your Honour" and speak clearly.
• Don't ignore the case: Even if you need more time, appearing shows the court you're taking the matter seriously.
• Use the time wisely: An adjournment is an opportunity to prepare — gather evidence, seek legal help, or explore settlement options.

Housing Court Locations

Free Legal Help

If you're facing eviction in NYC, you may be entitled to free legal representation:

• Housing Court Help Centers: Free assistance at each Housing Court location
• NYC Right to Counsel: Free lawyers for eligible tenants facing eviction — call 311
• Legal Aid Society: legalaidnyc.org
• Legal Services NYC: legalservicesnyc.org
• Housing Court Answers Hotline: (212) 962-4795

Summary

Requesting an adjournment in NYC Housing Court is straightforward, especially for your first request. The key points to remember:

• You have the right to at least one 14-day adjournment
• Only judges can grant adjournments — not clerks
• Appearing in person is the most reliable method
• Missing court without requesting an adjournment can result in default judgment
• If you've already defaulted, act quickly to vacate the judgment

Don't let a Housing Court case go unanswered. Even if you need more time, showing up matters.