Order to Show Cause

An Order to Show Cause (OTSC) is a legal tool tenants can use to ask the court to reopen or review a case, especially if something went wrong in the court process. Filing an OTSC is free in City and Town Courts in New York.

When Can a Tenant File an OTSC?

1. If the Tenant Missed a Court Date

If a tenant did not appear at their scheduled court hearing, they may file an OTSC to:

  • Explain why they missed court (such as not being properly served court papers)
  • Ask for another chance to appear and present their case

Example:
A tenant receives a 14-day eviction notice but never got the court papers beforehand. They had no idea there was a court case and missed the appearance. An OTSC can be filed to reopen the case and explain what happened.

2. If the Tenant Appeared but the Landlord Didn’t Follow the Agreement

Tenants can also file an OTSC after attending court, if:

  • They followed the terms of a stipulation (court agreement) but still received a 14-day eviction notice
  • The landlord violated the agreement, such as failing to make agreed-upon repairs or refusing a payment that was due under the stipulation

Example:
The tenant paid the rent as agreed in the settlement, but the landlord still sent a notice of eviction. Or, the landlord promised to repair something and did not. An OTSC can help the court review and enforce the original agreement.

Using an OTSC in Small Claims Court

OTSCs are also used to vacate a default judgment in Small Claims Court. This is often necessary when:

  • A tenant didn’t know a case was filed and later learns a judgment has been entered against them
  • The landlord sued at an old address, so the tenant was never notified

Steps:

  1. The tenant should call the local court to check if a claim was filed.
  2. If a case exists and a default judgment was entered, the tenant can file an OTSC to try to reopen the case.
  3. If no case was ever filed, but a judgment appears on the tenant’s record, legal advice is recommended.

What’s in an OTSC Application?

When completing the OTSC, tenants must explain:

  • Why they missed court or believe the case should be reviewed
    (e.g. improper service, mistake by the landlord or court)
  • What their defense or argument is
    (e.g. they paid rent, landlord broke agreement, case was filed in error)

The court will review whether the tenant has a valid reason for reopening the case and whether they have a potential defense.

Even if a tenant had a good reason for missing court, the judge may deny the OTSC if the tenant has no legal defense or no way to resolve the issue, such as being unable to pay undisputed rent arrears.

What Happens After an OTSC Is Filed?

If the judge signs the OTSC, the following steps usually apply:

  1. The tenant must serve:
    • The Sheriff, to stop the 14-day eviction notice
    • The landlord, using a disinterested third party
  2. An affidavit of service must be filed with the court to confirm service
  3. A new court date will be scheduled
  4. Both parties will reappear in court to “show cause” (explain their side)

At that point, the case will proceed like any other housing court case: the tenant and landlord may try to settle or proceed to trial.