Q: How to fill out “ Tenant Affirmation of Non-Compliance” and what other forms need to be attached with it.

A: A "Tenant Affirmation of Noncompliance" is a legal document used in New York State in the context of housing court proceedings, particularly in cases involving nonpayment of rent or other lease violations. This form is typically used by tenants to assert that the landlord has not complied with certain legal requirements or court orders.

### How to Fill Out a "Tenant Affirmation of Noncompliance"

1. **Header Information**:

- **Court Name**: Enter the name of the court where your case is being heard.

- **Index Number**: Enter the case or docket number assigned to your case.

- **Parties Involved**: List the names of the petitioner (landlord) and respondent (tenant).

2. **Affirmation Section**:

- **Tenant's Information**: Provide your full name and address.

- **Statement of Noncompliance**: Clearly state the specific ways in which the landlord has failed to comply with legal requirements or court orders. This could include failure to make necessary repairs, not providing essential services, or not adhering to a court-ordered payment plan.

- **Supporting Evidence**: Attach any relevant documents or evidence that support your claims, such as photographs, repair requests, or correspondence with the landlord.

3. **Signature and Notarization**:

- **Signature**: Sign the document in the presence of a notary public.

- **Notarization**: The notary public will then notarize the document, confirming your identity and the authenticity of your signature.

### Circumstances for Use

The "Tenant Affirmation of Noncompliance" is used under the following circumstances:

- **Nonpayment Proceedings**: When a tenant is facing eviction for nonpayment of rent but believes the landlord has not complied with legal obligations, such as making necessary repairs or providing essential services.

- **Breach of Lease**: When a tenant asserts that the landlord has violated the terms of the lease agreement.

- **Court Orders**: When a landlord has not complied with a previous court order related to the tenancy.

### Other Forms That May Be Required

Depending on the specifics of your case, you may need to submit additional forms along with the "Tenant Affirmation of Noncompliance":

1. **Order to Show Cause**: If you are seeking immediate court intervention, you may need to file an "Order to Show Cause" to bring the matter before a judge quickly.

2. **Affidavit in Support**: This is a sworn statement that provides additional details and evidence supporting your claims of noncompliance.

3. **Notice of Motion**: If you are requesting specific relief from the court, such as a stay of eviction, you may need to file a "Notice of Motion" outlining your requests.

4. **Proof of Service**: Documentation that shows the landlord has been properly served with copies of all documents filed with the court.

### Steps to Take

1. **Consult Legal Advice**: It's highly recommended to consult with a legal professional or a tenant advocacy organization to ensure that you are completing the forms correctly and that you understand the legal implications.

2. **Gather Evidence**: Collect all relevant evidence that supports your claims of noncompliance.

3. **File with the Court**: Submit the completed "Tenant Affirmation of Noncompliance" and any additional required forms to the court. Ensure you follow the court's procedures for filing and serving documents.

For the most accurate and specific guidance, always refer to the instructions provided by the court handling your case and seek legal advice if needed.

Aubrey C. Galloway III, Esq.