UCS-LTN3 – Tenant Answer Counterclaim for Non-Payment Eviction

Jurisdiction: Country: United States | Province or State: New York

What is a UCS-LTN3 – Tenant Answer Counterclaim for Non-Payment Eviction?

This is the standard New York court form a tenant uses to answer a non-payment eviction case. Your landlord has started a case to collect rent and evict you for non-payment. The court calls this a “summary proceeding.” The UCS-LTN3 lets you respond. You can admit or deny what the landlord claims. You can raise defenses. You can also bring counterclaims against the landlord.

You file this form in the same court where the case was filed. That may be a Housing Part, a City Court, or a Justice Court. The form is designed for self-represented tenants. It uses checkboxes and short prompts. It helps you put key defenses and counterclaims in writing. It also helps the court understand what you ask the judge to do.

Who typically uses this form?

Residential tenants named in a non-payment eviction case. That includes leaseholders, month-to-month tenants, and many occupants who pay rent. Some courts accept one joint answer by all named tenants. If you are named, you should file your own answer if you want your defenses on the record.

Why would you need this form?

You use it to protect your rights and set the issues for the court. Without an answer, the landlord can ask for a default judgment. That can lead to an eviction warrant and a money judgment. Filing the UCS-LTN3 puts your version of the facts before the judge. It preserves defenses like payment, wrong rent amount, bad conditions, or improper court papers. It also lets you ask for relief. You can ask for a dismissal, repairs, a rent abatement, or a payment schedule.

Typical usage scenarios

You paid part or all of the rent, and the amount claimed is wrong. The landlord refused rent or returned your payment. You withheld rent due to serious repair issues. Your rent includes utilities, and they were not provided. Your rent is regulated, and the legal rent is lower than claimed. You receive rental assistance, and processing delays caused arrears. You never got a proper rent demand before the case was filed. You were served the papers the wrong way. You want the court to order repairs and reduce the rent owed. The UCS-LTN3 is the tool to put those issues in front of the judge in a clear, organized way.

When Would You Use a UCS-LTN3 – Tenant Answer Counterclaim for Non-Payment Eviction?

You use this form after you are served with a Notice of Petition and Petition for non-payment. The papers list a court date and a docket or index number. The answer is due by the deadline on your papers. Many courts allow you to answer at the clerk’s window or on the first court date. Some courts accept an oral answer, which the clerk writes down. The UCS-LTN3 lets you submit a complete written answer in advance or at court.

You use it if you dispute any part of the landlord’s claims. Examples include the rent amount, the months owed, or the lease terms. You also use it if you agree you owe some rent but need time to pay. You can ask for a payment schedule. You can ask the court to consider the conditions in the apartment. You may request an inspection. You can seek a rent abatement for lack of heat, leaks, mold, pests, or other serious issues.

Typical users are tenants facing a first non-payment case, long-term tenants in regulated apartments, and month-to-month tenants. It also applies to tenants with a subsidy, such as rental vouchers. Small business tenants use other forms, so this form focuses on residential cases. Landlords do not use this form. Landlords start the case with different papers.

You should use the UCS-LTN3 even if you think you and your landlord can settle. Filing an answer protects you if negotiations fail. It prevents a default if you miss the first date. It preserves defenses that you must raise early, such as improper service or notice defects. It also allows you to request a jury trial in courts where that is allowed. Many courts require a jury demand to be made in the answer.

If your landlord filed the wrong type of case, you still use this form. For example, if the landlord claims you owe rent that you do not owe, you can ask the court to dismiss. If you already moved out, you can state that and ask to dismiss the eviction claim. You can still address the money claim.

Legal Characteristics of the UCS-LTN3 – Tenant Answer Counterclaim for Non-Payment Eviction

This form is your pleading. It becomes part of the court record. When you sign and file it, the court treats your statements as your official response. It is legally binding in several ways. Your admissions in the answer bind you in the case. Your defenses and counterclaims frame what the judge can decide. If you do not raise a defense early, you may waive it. This is especially true for defenses related to service and notice.

What ensures enforceability?

First, you file in the same court and under the same case number as the landlord’s petition. The clerk time-stamps your answer. The court then schedules or confirms your hearing. Second, you sign and date the form. Some courts will require you to verify the answer by oath or affirmation. The clerk may administer the oath. If verification is required, you should sign in front of a clerk or notary. Your signature certifies that the facts you state are true to the best of your knowledge. False statements can have consequences.

The form itself does not grant relief. The judge does that by order or judgment. Your answer puts your requests before the judge. This includes requests to dismiss the case, reduce rent owed, order repairs, or set a payment plan. If the court issues an order, that order is enforceable. If the case settles, the court usually enters a stipulation as an order. That order can control move-out dates, payment timelines, or repair deadlines.

General legal considerations matter. Non-payment cases focus on rent owed, not on removing you for another reason. The landlord must make a proper rent demand before filing. The petition must state the months and amounts claimed. Service of court papers must follow strict rules. If any of these steps were wrong, you can ask the court to dismiss or delay the case. Conditions in the apartment also matter. Serious housing conditions can reduce the rent owed. Courts can offset rent with a fair abatement. Illegal fees and charges are not rent. Late fees, legal fees, and certain penalties may be disallowed. Rent-regulated apartments have special rules on legal rent and registration. If your rent is regulated, note that in your answer. If you need disability or language accommodations, tell the court in your answer or at the clerk’s office.

You can bring counterclaims in the same case. Common counterclaims include rent abatement for bad conditions, harassment, illegal lockout attempts, and improper fees. You can also claim attorney’s fees if your lease gives that right to the landlord. In many leases, that right becomes mutual by law. Counterclaims can lead to a money judgment in your favor. The court can also order repairs if requested.

How to Fill Out a UCS-LTN3 – Tenant Answer Counterclaim for Non-Payment Eviction

Follow these steps to complete and file the form correctly.

1) Gather your papers and evidence

• Find the Notice of Petition and Petition. You need the court name, address, and docket or index number.
• Gather your lease, riders, rent receipts, money order stubs, bank records, and messages with the landlord.
• Collect proof of conditions. Take dated photos or videos. Gather repair requests, inspection reports, and work orders.
• Keep notices and letters, including any rent demand or “late rent” letters.
• If you receive rental assistance, gather approval letters and payment history.

2) Complete the caption and case information

• At the top, copy the court name exactly as on your petition.
• Copy the landlord’s name as “Petitioner” and your name as “Respondent.”
• Enter the docket or index number exactly as shown.
• Add the address and apartment number at issue. Confirm spelling and unit number.

3) Identify yourself and other respondents

• List your full legal name. Add all other named tenants who join in this answer.
• If a co-tenant will file a separate answer, do not list them here.
• If your name is misspelled on the petition, note “also known as” and the correct spelling.
• Provide a mailing address if different from the apartment. The court uses this for notices.

4) Choose your language and accessibility needs

• If you need an interpreter, check the box and state the language.
• If you need disability accommodations, note that on the form or tell the clerk.
• If you need extra time due to health or work, say so in your answer and explain briefly.

5) Respond to the landlord’s allegations

• The form lets you admit or deny the key claims. Review the rent months and amounts listed.
• If you agree that some rent is owed, you can say how much. Keep it clear and specific.
• If you dispute the amount, state why. For example, utilities were not provided, or illegal fees were added.
• If you already moved, state your move-out date and surrender of keys.

6) Check applicable defenses

Use the checkboxes to select every defense that applies. Add short facts to each.

• Payment or partial payment. List dates and amounts. Attach copies of receipts or bank records.
• Wrong rent amount. Explain why. For example, rent should be lower under your lease or rider.
• Bad conditions and repair issues. List current and past issues. Explain how long they persisted.
• Breach of warranty of habitability. Request a rent abatement due to conditions.
• The landlord refused rent or returned payment. State dates and what was refused.
• Improper fees. Identify late fees, legal fees, or add-ons that are not rent.
• Rent demand defects. State that you did not get a proper rent demand before the case.
• Improper service. Explain how you received the papers and why the service was wrong.
• Wrong party or wrong address. Note if the petition names the wrong tenant or unit.
• No landlord-tenant relationship. Explain if you never rented from this landlord.
• Subsidy or assistance delays. Explain pending payments and provide proof if available.
• Retaliation or harassment. State facts linking the case to protected activity, like repair requests.
• Rent regulation issues. State that the unit is regulated, the legal rent is lower, or registration is missing.

Be concise. Add only facts that the judge needs to understand the issue. You can bring full evidence to court.

7) Add counterclaims

List any counterclaims you want the court to decide. Common counterclaims include:

• Rent abatement for bad conditions. State the period and a fair reduction percentage, if you know it.
• Harassment or illegal lockout attempts. Give dates and describe events.
• Overcharge or unlawful fees. List amounts and why they are unlawful.
• Attorney’s fees. Request them if your lease gives that right to the landlord.

State the relief you want for each counterclaim. For example, “25% abatement from October to January,” or “return of $300 in illegal fees.”

8) Request specific relief

Tell the court exactly what you want. Examples include:

• Dismiss the case for improper papers or lack of a valid rent demand.
• Order repairs and grant a rent abatement.
• Set a payment schedule for any balance due.
• Refer the case to mediation or a settlement part.
• Allow payment by installments tied to assistance processing.

If you need more time to move due to hardship, ask the court to stay any eviction. Explain your reasons. Include work, school, medical needs, or children in the home.

9) Consider a jury demand, if available

Some courts allow a jury trial in non-payment cases. If you want a jury, demand it in your answer. There may be a fee. Ask the clerk about the fee and the process. If you do not demand a jury now, you may lose the right later.

10) Attach schedules and exhibits

If the form does not have enough space, add a separate page. Label it “Schedule A” and reference it in the section it supports. Use one schedule per topic, such as payment history or conditions timeline. Attach copies of:

• Receipts and bank records
• Photos and inspection reports
• Repair requests and messages
• Lease, riders, and rent statements

Number your pages. Write the docket number on each page. Do not give originals. Bring originals to court.

11) Sign, date, and verify

Sign and date the form. Print your name under your signature. Include your phone and email if you want the court to contact you. Some courts require verification by oath. If so, sign in front of a clerk or notary. The clerk can advise you. Your signature confirms the truth of your statements to the best of your knowledge.

12) Make copies

Make at least three copies: one for the court, one for the landlord or their attorney, and one for you. If there are multiple petitioners or respondents, make extra copies.

13) File with the court

File your answer at the clerk’s office for the court listed on your papers. Bring your copies and identification. File by the deadline shown on your Notice of Petition or before your court date. The clerk will stamp your copies.

14) Serve the landlord or attorney

Ask the clerk how the service of the answer is handled in that court. Many courts mail the answer to the landlord or their attorney. If you must serve it yourself, you cannot mail it yourself. Have someone over 18 who is not a party member mail it. Then complete an affidavit of service. File the affidavit with the clerk if required. Keep proof of mailing.

15) Prepare for your court date

Bring all the evidence you mentioned in your answer. Bring witnesses if needed. Arrive early and check in. Keep copies of everything. Be ready to discuss settlement or to proceed to a hearing. If you asked for repairs, ask the judge for an inspection.

16) Follow up on court orders

If the court orders repairs, follow up with the landlord and the court if needed. If you have a payment schedule, make payments on time and keep receipts. If the landlord does not follow the order, return to court to enforce it.

Practical tips

• Be accurate and consistent. The dates and amounts in your answer should match your evidence.

• Keep the focus on rent and conditions. Non-payment cases are about rent owed, defenses, and offsets.
• Raise service and notice defects early. You may lose them if you wait.
• Do not include private facts you do not want in the court record. Stick to the issues.
• If you move or change contact details, update the court immediately.

By using the UCS-LTN3, you present a complete picture to the judge. You answer the petition, assert your rights, and request fair relief. A clear, well-supported answer can lead to a better outcome.

Legal Terms You Might Encounter

• Petition and Notice of Petition: These are the landlord’s court papers that start the non-payment case. The Petition explains the rent the landlord claims you owe. The Notice of Petition tells you when and where to appear. Your UCS-LTN3 form answers those papers.
• Answer: Your Answer is your formal response to the Petition. You state if you agree or disagree with what the landlord claims. You also list defenses that explain why you do not owe some or all of the rent.
• Counterclaim: A counterclaim is your claim for money or relief against the landlord. On this form, you can ask for an abatement, repairs, or other monetary damages. You must explain why and list the amount or how you will prove it.
• Affirmative Defense: An affirmative defense adds facts that defeat or reduce the landlord’s claim, even if some parts are true. Examples include improper service, wrong amount demanded, or bad conditions. You check the boxes and add facts on this form.
• Service of Papers: Service is how court papers are delivered. You address service problems in your Answer if you were not properly served. If you must mail or deliver your Answer, follow the service rules on your court notice.
• Affidavit of Service: This is a sworn statement by the person who served papers. If you or someone on your behalf serves your filed Answer, the server may need to complete an affidavit. Keep a copy with your filed form.
• Warranty of Habitability: This is your right to a safe and livable home. If you had serious conditions, you can raise this as a defense and counterclaim. On the form, describe the conditions, dates, and impact.
• Rent Abatement: An abatement is a reduction of rent for bad conditions or other defenses. In the counterclaim section, request an abatement and state the period and percent or amount you seek.
• Arrears: Arrears mean unpaid rent for past periods. The Petition lists alleged arrears. In your Answer, you dispute arrears, explain payments, or correct the amount.
• Stipulation: A stipulation is a signed court agreement between you and the landlord. It can set a payment plan, repair dates, or dismiss claims. Keep your Answer in mind while negotiating any stipulation in court.

FAQs

Do you need to file the Answer before your court date?

If your papers tell you to file by a deadline, follow that instruction. If not, bring the completed form to court on your first appearance. When possible, file as soon as you can to protect your defenses.

Do you need to serve the landlord with your Answer?

Follow the instructions you receive from the court clerk when you file. Some courts serve the Answer for you. Others require you or a server to deliver it and complete an affidavit of service. Always keep proof.

Do you have to attach evidence to the form?

You can file the form without attachments. Still, organize your proof now. Bring receipts, photos, repair tickets, messages, and witnesses to court. Evidence supports defenses and counterclaims.

Can you ask for repairs using this form?

Yes. In the counterclaim section, describe the conditions and dates. Ask for a rent abatement or other relief. You can also ask the judge to include repair deadlines in a stipulation or order.

What if you already paid some or all of the rent?

State the dates, amounts, and how you paid in your Answer. Write check numbers or confirmation details if you have them. Attach copies when you appear or bring them to court.

Can you change your Answer later?

If you discover new facts, you can ask the court to amend your Answer. Do this as early as possible. Bring the updated form and explain the changes at your next appearance.

Do you need a lawyer to complete the form?

You can complete the form on your own. Read each section carefully and be accurate. If you want legal advice or representation, speak with a lawyer or housing advocate.

Can you request more time to answer or prepare?

You can ask the judge at your first court date for time to gather records or get help. Be ready to explain what you need and why you need it.

Checklist: Before, During, and After the UCS-LTN3 – Tenant Answer Counterclaim for Non-Payment Eviction

Before signing

Gather your court papers:

• Petition and Notice of Petition.
• Any prior agreements or stipulations.
• Case number and court location.

Collect payment proof:

• Receipts, money orders, bank statements, or payment app screenshots.
• Ledger or account history from the landlord or management.

Document conditions:

• Photos or videos with dates.
• Repair tickets, emails, texts, or letters.
• Inspection reports, if any.

Lease and rent details:

• Current lease and renewals.
• Rent amount, concessions, and utility obligations.
• Security deposit information.

Subsidy or assistance:

• Approval letters or case numbers.
• Payment breakdowns and dates.

Contact info:

• Your current address, phone, and email for court notices.

Calendar:

• Your court date and time.
• Deadline notes from your papers.

During signing

Verify case information:

• Your name and the landlord’s name match the Petition.
• Premises address is correct.
• The index or docket number is correct.

Review claims:

• Amount of rent demanded and time periods.
• Any added fees, utilities, or charges.

Choose defenses carefully:

• Check only defenses that apply.
• Add specific facts, dates, and amounts.

List counterclaims:

• Describe conditions and damages.
• State the time period and impact.
• Write the abatement or dollar amount you seek if known.

Request relief:

• Ask for dismissal, abatement, repairs, or a payment plan.
• Add any request for an interpreter or accessibility support.

Sign and date:

• Use your full legal name.
• Confirm all pages are complete.

Review legibility:

• Print clearly if handwritten.
• Avoid blank sections that leave out key facts.

After signing

File the form:

• File with the clerk following your court’s instructions.
• Ask for a stamped copy for your records.

Serve if required:

• Confirm whether the court will serve the landlord.
• If you must serve, use an adult server and complete an affidavit of service.

Confirm your court date:

• Check the date, time, and courtroom.
• Add reminders and set up transportation and time off.

Organize your evidence:

• Put the proof in date order.
• Label photos and receipts.
• Prepare a short timeline of events.

Monitor communications:

• Check mail, email, and voicemail daily.
• Tell the court and the landlord’s attorney if your contact info changes.

Bring duplicates:

• Make copies of your Answer and evidence for the judge and landlord.

Common Mistakes to Avoid UCS-LTN3 – Tenant Answer Counterclaim for Non-Payment Eviction

Leaving out the case number or the wrong address.

• Consequence: Filing delays or misfiled papers. Don’t forget to match the Petition exactly.

Checking every defense without facts.

• Consequence: Weakens your credibility. Only select defenses you can explain and support.

Not stating amounts or dates for counterclaims.

• Consequence: The court may not award money or relief. Estimate periods and note how you will prove them.

Forgetting to ask for specific relief.

• Consequence: You may miss repairs, abatements, or a payment plan. Clearly state what you want the court to order.

Missing service or proof of service when required.

• Consequence: The judge may not consider your Answer. Ask the clerk how service works and keep receipts and affidavits.

What to Do After Filling Out the Form UCS-LTN3 – Tenant Answer Counterclaim for Non-Payment Eviction

• File your Answer promptly. Use the method the court allows, such as in person at the clerk’s office. Ask for a stamped copy and note the judge or party, if listed. Confirm whether the court will serve the landlord or if you must arrange service.
• If you need to serve the landlord, use an adult who is not a party. Have the server complete an affidavit of service and keep the original or a copy. Bring proof of service to court.
• Prepare for your first appearance. Bring two sets of copies of your Answer and evidence. Organize a short timeline with key dates: notices, payments, repair issues, and communications. Be ready to discuss a settlement, payment plan, or repairs.
• At the first appearance, check in with the clerk or court officer. If you need an interpreter or accommodation, ask right away. If you have new information, tell the judge. Ask for permission to amend your Answer if needed.
• Consider negotiations. If you discuss a stipulation, read it closely before signing. Ensure it includes any payment schedule, repair deadlines, and access dates. Confirm what happens if a payment is late. Ask how to show proof of completion for repairs.
• Track deadlines. Calendar payment dates, inspection dates, and the next court appearance. Keep all receipts and communications. If you make payments, include the case number on your payment memo where allowed.
• Update your contact information. If you move or change phone or email, notify the court and the landlord’s attorney in writing. Keep a copy of your notice.
• If you miss a court date, act quickly. Go to the clerk’s office as soon as possible to ask about the next steps. Bring your stamped Answer and proof of why you missed the date.
• If you receive new papers, read them right away. Some documents have short deadlines. Bring them to your next appearance and prepare a response.
• If conditions change, document them. Take photos, request repairs in writing, and keep logs of heat, hot water, or other essential services. Update your counterclaims if the court allows.
• If you reach an agreement on arrears, keep paying current rent on time. Mark payments “current rent” or the month paid, if permitted. Keep copies. If you need a change to a payment plan, ask the court before a default happens.
• If your subsidy or assistance is pending, gather proof of your application and status. Bring updates to each appearance. Ask how pending payments will be credited.
• If you settle the case or it is dismissed, get a copy of the order. Confirm that the landlord updates the rent ledgers and removes dismissed charges. Keep all documents in a safe place.