CIV-LT-22 – Affirmation in Support of an Order to Show Cause

Jurisdiction: Country: USA | Province or State: New York

What is a CIV-LT-22 – Affirmation in Support of an Order to Show Cause?

This form is a written statement by an attorney. It supports a request for immediate court action in Housing Court. The request itself appears in an Order to Show Cause. The affirmation supplies the facts and legal reasons. It tells the judge why urgent relief is needed now. It also explains what happened in the case so far.

Housing Court uses this form in landlord‑tenant cases. These cases include nonpayment and holdover proceedings. The form does not start a case. It supports a request within an existing case. You attach it to your proposed Order to Show Cause.

Who typically uses this form?

Attorneys do. An affirmation is for lawyers admitted in New York. If you are not an attorney, you usually use an affidavit version. The affidavit is sworn before a notary. The affirmation is signed by the attorney. It is made under penalty of perjury.

Why would you need this form?

You need it to ask the court for fast relief. You might need a stay of eviction. You might need a default vacated. You might need a case restored to the calendar. You might need new deadlines set. The judge wants sworn facts before granting urgent relief. Your affirmation gives those facts and the reasons.

Typical usage scenarios

A tenant gets a marshal’s notice. The attorney files an Order to Show Cause to pause the eviction. The affirmation explains why a stay is justified. It might show proof of payment or repair issues. A landlord’s attorney may need access to a unit for repairs. The attorney files an Order to Show Cause for access. The affirmation explains the emergency and past failed attempts. An attorney may seek to vacate a default judgment. The affirmation explains why the client missed court. It also shows defenses to the claim. The judge needs both excusable reasons and a real defense.

Your affirmation is your factual roadmap. It must be accurate. It must be complete. It must fit the relief requested in the Order to Show Cause. The judge will rely on it to decide if a temporary stay should issue. The return date will follow for a full hearing.

When Would You Use a CIV-LT-22 – Affirmation in Support of an Order to Show Cause?

You use this form when you need fast court action in a pending Housing Court case. The court calls this relief “by order to show cause.” The court reviews the papers first. If the judge signs the order, a return date is set. A stay may issue. The opposing side then appears and argues the matter.

A tenant’s attorney would use this form to stop an eviction. A marshal’s notice may be posted or served. Time is short. The affirmation sets out the dates and facts. It shows what harm will occur if no stay is issued. It lays out defenses or payments made. It explains why the earlier default happened, if any. The attorney attaches proof like rent receipts or bank records.

A landlord’s attorney would use this form to restore a case. Perhaps the tenant did not comply with a stipulation. Perhaps access for repairs was denied. The landlord seeks specific enforcement or deadlines. The affirmation details the history. It shows notices given. It shows harm from delay. It asks for an order with teeth.

A property manager’s counsel might use it to compel entry. Heat, hot water, or gas must be restored. Access has failed despite multiple notices. The attorney seeks immediate access orders. The affirmation documents attempts and urgency. It often includes photos, emails, and violation summaries.

A business owner who is a party in a commercial holdover within Housing Court may also need urgent relief. The attorney may ask to vacate a default or stay the eviction. The affirmation explains business harm and meritorious defenses. It shows payments tendered or lease disputes. It requests clear deadlines for the next steps.

You also use this form to address procedural issues. The court may have dismissed the case after a missed date. Your attorney seeks restoration to the calendar. The affirmation shows good cause for the absence. It also outlines the case merits. The court wants both in order to restore a case.

In short, you use this form when speed matters. You need a judge to act now. You must give the judge a sworn factual record. That record lives in the affirmation.

Legal Characteristics of the CIV-LT-22 – Affirmation in Support of an Order to Show Cause

An attorney’s affirmation is a sworn statement under penalty of perjury. It carries weight because it is made by an officer of the court. False statements can lead to sanctions or worse. The court relies on affirmations to grant temporary relief. The judge needs verified facts before issuing a stay.

Is the document legally binding? The affirmation itself is not an order. It is sworn testimony on paper. It binds the attorney to the truth of the statements made. The enforceable part comes from the court’s order. The judge signs the Order to Show Cause. That order sets the rules. It may be an eviction or set deadlines. It may provide direct access or payment. The order is enforceable by the court’s power. The affirmation supports the order’s issuance.

What ensures enforceability? Accuracy, notice, and proper service. The judge will set service requirements in the signed order. You must serve the papers as directed and on time. You must appear on the return date. You must provide proof of service. If a party disobeys a signed order, the court can enforce it. The marshal will honor a stay only if the order is clear and timely served. The affirmation helps show why the order was proper.

General legal considerations matter here. You should disclose all prior applications on the same issue. Judges expect candor. You should show good cause for any default. You should also show a meritorious defense. That defense can be payment, improper notice, or conditions claims. Include supporting exhibits. Reference them in the text. Keep dates precise. Avoid vague statements. The judge looks for specific facts. Identify who said what and when.

Notice to the other side is often required. If you cannot give notice, explain why. State the efforts you made to give notice. Provide the contact details used. Provide times and dates of efforts. The judge decides if notice can be excused. Emergency harm must be shown if notice is excused.

Act promptly. Delay weakens your request. If a marshal’s notice is posted, do not wait. File the papers as soon as possible. The court prefers early-day filings. That can allow same-day review.

How to Fill Out a CIV-LT-22 – Affirmation in Support of an Order to Show Cause

Follow these steps to complete the form accurately and clearly.

1) Confirm you are using the right form.

• Use this affirmation if you are an attorney. If you are self-represented, use the affidavit version. The court clerk can guide you to the correct form.

2) Gather key documents first.

• Get the petition, judgment, and any stipulation. Get the marshal’s notice if served. Gather payment proof, photos, emails, and ledgers. Collect any repair records. Assemble prior orders. You will attach these as exhibits.

3) Complete the case caption.

• Write the county Housing Court location at the top. Use the county where the building is located. Enter the case index or LT number. List the petitioner’s name as it appears in the case. List the respondent’s name as it appears in the case. Include the apartment number and building address, if the form requests it. Identify the Housing Part, if known.

4) Identify yourself and your role.

• State your name and that you are admitted to New York. State your firm and contact details. State who you represent. Use “attorney for petitioner” or “attorney for respondent.”

5) Insert the affirmation opening statement.

• Use the standard language on the form. It will say you affirm under penalty of perjury. It will state that you are fully familiar with the facts. It will note that you make the statement in support of an Order to Show Cause.

6) Provide the case background.

• Briefly describe the case type. State if it is nonpayment or holdover. State the current status. Note any judgment, warrant, or stipulation. Give dates for key events. Be concise and exact.

Example:

“The court entered a default judgment on May 5. A warrant was issued on June 1. The marshal served a 14‑day notice on July 7.”

7) Explain why you need emergency relief now.

• Identify the harm that will occur without a stay. For a tenant, cite the scheduled eviction date. For a landlord, cite urgent access needs. State why a normal motion is not enough. Link the facts to the harm and timing.

Example:

“The marshal advised eviction may occur on July 15. My client risks immediate loss of home without a stay.”

8) Explain any default or missed appearance.

• If you seek to vacate a default, give the reason. Keep it specific and credible. Provide proof. Examples include illness, work emergency, or lack of notice. Attach records like medical notes or shift schedules. State the exact dates and times. State when the client learned of the judgment.

9) Show a meritorious defense or claim.

• The court wants to see a real issue to litigate. Provide defenses with supporting facts. Tailor them to the case type.

Examples:

• Payment was made but not credited. Attach receipts and bank proof.
• Predicate notice was defective. Explain the defect and attach the notice.
• The service was improper. Describe why the service did not comply.
• Serious conditions exist. Attach photos, 311 reports, and HPD records.
• Rent was reduced by conditions. Give dates and details of the issues.

For a landlord, show the basis for relief:

• Access was refused on specific dates. Attach notices of entry.
• The tenant breached a stipulation. Quote the clause breached. Attach the stipulation.
• Safety or compliance issues require immediate entry. Include photos and violation records.

10) Detail prior applications.

• Disclose any prior Orders to Show Cause on the same issue. Provide dates and outcomes. State what changed since then. Judges expect full disclosure. Lack of disclosure harms credibility.

11) Describe notice to the other side.

• State who you called, emailed, or served. Provide times and dates. Provide phone numbers and email addresses used. If you could not give notice, explain why. Example reasons: no contact data, immediate eviction window, or health safety issues. Ask the court to excuse notice if appropriate.

12) Identify and label exhibits.

• Attach exhibits in logical order. Label them A, B, C, and so on. Refer to each exhibit in the body text. Example: “See Exhibit A (ledger).” Keep pages legible. Highlight key entries if helpful. Avoid clutter. Quality over quantity.

13) Track the relief requested to the OSC.

• State the exact relief you seek. Match the language in your proposed Order to Show Cause. For example:
• Stay of execution of the warrant through a specific date.
• Vacatur of default judgment and warrant.
• Leave to serve and file a late answer.
• Restoration to the calendar on a set date.
• Access orders with dates and times.
• Payment schedules with due dates.

Be precise. Broad requests are less likely to be granted.

14) Add any proposed answer or schedule.

• If you seek leave to answer late, annex a proposed answer. Refer to it as an exhibit. If you request payment or access schedules, outline specific dates. Specificity helps the judge grant clear relief.

15) Include the good-faith statement if needed.

• Suppose the rules require a meet‑and‑confer, state that you conferred. Summarize results. If you could not confer, explain why.

16) Conclude the affirmation.

• Restate the urgency and core reasons. Restate the key legal basis in brief. Keep it short and focused. Avoid argument. Stick to facts tied to relief.

17) Sign and date the affirmation.

• Sign above your printed name. Date the affirmation. Include your office address, phone, and email. State the city and state where signed. A notary is not required for an attorney affirmation.

18) Review for accuracy and clarity.

• Check names, addresses, and the case number. Check all dates and exhibit labels. Make sure each exhibit is referenced. Verify service details and prior applications. Remove any speculation. Keep only facts you can support.

19) Prepare the full OSC packet.

• Your packet includes the proposed Order to Show Cause. It includes the Affirmation in Support. It includes all exhibits. It includes any proposed answer. It includes a proposed order if needed. Arrange the packet in a clean sequence. Use tabs for exhibits if possible.

20) File the papers with the court.

• Go to the Housing Court clerk in the county. Ask the clerk where to submit an Order to Show Cause. A motion fee may apply. Ask the clerk about any fee waiver, if needed. File early in the day to allow review.

21) Present the papers for judicial review.

• The clerk will route your papers. A judge will review them. Be available in case the judge has questions. The judge may cross out, add, or change terms. Read any handwritten notes on the signed order.

22) Follow the service instructions exactly.

• The signed order will set service steps and deadlines. It will say how and when to serve. It will say on whom to serve. Serve the papers exactly as ordered. Keep proof of service. Prepare an affidavit of service for the return date.

23) Calendar the return date and conditions.

• Note the date, time, and part. Note any stay expiration. Note any conditions. These can include payments or access. Comply with all conditions on time. Non‑compliance can void the stay.

24) Appear on the return date with proof.

• Bring proof of service. Bring original exhibits and extra copies. Be ready to argue the merits. The judge will decide whether to continue or modify relief. The judge may set a hearing or refer the case to a trial part.

25) Avoid common mistakes.

• Do not leave out the case number. Do not skip exhibits that prove key facts. Do not hide prior applications. Do not rely on vague claims. Do not ignore service requirements. Do not miss the return date. These errors can cost you relief.

Practical example for a tenant’s counsel:

• Marshal served a 14‑day notice on June 2. Eviction could occur after June 16. Tenant paid May and June rent on June 5. You prepare the affirmation. You attach the notice, ledger, and proof of payment. You explain a prior default due to hospitalization. You attach hospital records. You ask for a stay and to vacate the default. You annex a proposed answer. You filed on June 7. The judge signs a temporary stay and sets a return date. You serve as directed and appear on the return date.

Practical example for a landlord’s counsel:

• Stipulation requires access on the first Tuesday of each month. Tenant denied access on two dates. Heat repairs are urgent. You attach the stipulation and access notices. You attach photos and technician notes. You ask for specific access dates and a default provision. The judge signs an order. It mandates access under supervision. It sets enforcement terms if access is refused.

Your affirmation is the backbone of your emergency request. Keep it clear and well‑supported. Tie each fact to the relief requested. Make service and notice airtight. Show fairness and candor. That builds credibility. It also gives the judge what is needed to grant the order.

Legal Terms You Might Encounter

An Order to Show Cause is a request that asks a judge to act right away. You use it when you need urgent relief, like stopping an eviction or changing a deadline. Your affirmation supports that request by telling the judge your facts.

An Affirmation is your sworn statement. You sign it to confirm the facts are true. On this form, you explain what happened, what you need, and why you need it now.

You are the Affiant. That means you are the person swearing to the facts. You must have personal knowledge, or clearly say what you know and how you know it.

Relief is what you ask the judge to do. You must state it clearly. Examples include staying an eviction, restoring a case to the calendar, or extending time to respond. The form asks you to list every specific thing you want.

A Stay is a temporary pause ordered by the court. In your affirmation, you explain why a pause is necessary. If you want to stop enforcement—like a marshal’s eviction—you must say so and explain the risk if no stay is granted.

Excusable Default means a reasonable reason you missed a court date or deadline. You use this term if you want the court to reopen your case. In the form, you should describe your reason and show you acted as soon as you could.

Service means delivering your papers to the other side. The court may require you to serve the Order to Show Cause and your affirmation. Explain how you plan to serve, or how you already served, if applicable. Accurate service helps the judge trust your request.

Return Date is the date the judge will hear your application. The court sets it. Your affirmation helps the judge decide whether to sign the order and schedule a hearing. If the judge signs it, pay attention to service deadlines linked to the return date.

Index Number or Docket Number identifies your case. You include it on the form so the clerk and judge can connect your affirmation to your case. You can usually find it on prior court papers or notices.

Supporting Exhibits are documents you attach to prove your facts. Examples include notices, receipts, letters, or proof of payments. Label them and refer to them in your affirmation so the judge can follow your story.

FAQs

Do you need a lawyer to submit this affirmation?

No. You can file it yourself. That said, this is a sworn statement that can impact your case. If you have access to legal help, consider it. If you proceed on your own, be clear, truthful, and specific.

Do you need the form notarized?

If you are an attorney, you typically sign as an affirmation without a notary. If you are self-represented, the court may require a notarized affidavit instead. Ask the clerk which format is accepted on your part. Bring photo ID in case you need notarization.

Do you need to attach proof to your affirmation?

Yes, include documents that support your facts. Attach only what helps the judge decide quickly. Label exhibits in order and refer to them in your statement. If you lack a document, explain why and what efforts you made to get it.

Do you have to notify the other side?

Usually yes. The judge often requires you to serve the signed Order to Show Cause and your papers on the other side. The judge or clerk will tell you how and when to serve. Keep proof of service. The judge may not hear your request if service is missing or late.

Do you get an automatic stay when you file?

Filing alone does not guarantee a stay. The judge decides whether to grant one. In your affirmation, explain why a stay is needed and what harm you will face without it. Be concrete about timing and consequences.

Do you use this form to reopen a default?

Yes, you can. If you missed a court date or deadline, use this affirmation to ask the court to vacate the default. Explain your reason for missing it and your defense of the case. Provide proof, such as medical records or notices you received late.

Do you need to come to court after filing?

Often yes. The judge may set a return date or require you to appear on short notice. If the order is signed, it will state when and where to appear. Read it carefully. If you cannot attend, contact the clerk right away.

Do you file this online or in person?

It depends on your court’s procedures. Some parts accept in-person filing only. Some allow electronic filing for certain cases. Ask the clerk how to submit. If you file in person, bring copies for the court, the other side, and yourself.

Checklist: Before, During, and After the CIV-LT-22 – Affirmation in Support of an Order to Show Cause

Before signing

• Case details: docket number, judge’s part, upcoming dates.
• Parties’ names and addresses as they appear on court papers.
• A clear list of the relief you want, including any stay.
• Specific facts: who, what, when, where, and how.
• Explanation for any missed deadline or court date.
• Your defenses or reasons the court should grant relief.
• Current status: eviction date, payment issues, repairs, or access.
• Exhibits: notices, receipts, letters, photos, medical notes, payments, and leases.
• Contact info: your phone, email, and mailing address.
• Service plan: how and when you can serve the papers if required.

During signing

• Verify your name, role, and relationship to the case.
• Confirm the case caption matches your court file.
• State each request for relief in separate, clear sentences.
• Reference each exhibit by label and describe its purpose.
• Include dates and timelines. Avoid vague phrases.
• Explain why you need urgent relief now.
• If asking to vacate a default, state your reason and your defense.
• Use plain language. Remove speculation or hearsay if avoidable.
• Confirm the statement is true to the best of your knowledge.
• If a notary is required, sign in front of the notary. Show ID.
• If an affirmation is allowed, sign and date under the affirmation line.

After signing

• Make at least three complete sets: court, other side, and your file.
• File the papers with the clerk for review by a judge.
• Ask about fees and fee waivers, if needed.
• Get a stamped copy or receipt showing you filed.
• If the judge signs the Order to Show Cause, note the return date.
• Follow the service instructions in the signed order. Meet all deadlines.
• Prepare an affidavit of service. Keep it with your court copy.
• Calendar the hearing date. Plan for time to reach the courtroom.
• Bring your originals and extra copies to court.
• After the hearing, request a copy of any decision or order.
• Store all documents in a safe, organized place.

Common Mistakes to Avoid

• Don’t forget to say exactly what relief you want. If you fail to list a stay or a specific deadline, the judge cannot grant it. You may lose the protection you needed.
• Don’t ignore service. If the order requires service and you do not serve correctly, the court may not hear your request. Your case can be delayed or denied.
• Don’t rely on bare statements without proof. If you claim payments, attach receipts. If you claim notice issues, attach envelopes and letters. Without evidence, your credibility suffers.
• Don’t leave out dates or timelines. The judge needs to know when each event happened. Missing dates can weaken your urgency or show confusion.
• Don’t wait until the last minute. If an eviction or deadline is close, a delay reduces your options. The court may not have time to act.

What to Do After Filling Out the Form

1. File your papers with the clerk. Ask for the form to be brought to a judge. Be ready to wait while the judge reviews your request. If the judge needs more information, provide it promptly and clearly.
2. If the judge signs the Order to Show Cause, read it carefully. It will list what relief is granted, what must be served, how to serve, and by when. It will also set the return date and time. Follow each instruction exactly.
3. Serve the signed Order to Show Cause and all supporting papers on the other side. Use the method the order requires. This might include personal delivery, mail, or another method. Keep proof of how and when you served. If the order requires an affidavit of service, complete it and file it before the return date.
4. Prepare for the hearing. Organize exhibits in the order you referenced them. Bring originals and copies. Prepare a short outline of your key points: what you need, why you need it, and what the evidence shows. Practice stating your timeline in a few minutes.
5. Appear on the return date. Arrive early. Check in with the court staff in the assigned part. When the case is called, be brief and direct. Answer questions clearly. If settlement discussions occur, consider them carefully. If you reach an agreement, make sure the terms are written and clear.
6. If the judge denies relief, ask the clerk about your options. You may be able to correct issues and reapply. If relief is granted, note each condition, such as payment dates, access dates, or future appearances. Missing a condition can undo your relief.
7. If you need to amend your affirmation, prepare a new sworn statement. Explain what has changed or what you are adding. Attach any new exhibits. File and, if required, serve the updated papers according to the court’s instructions.
8. After the hearing, get a copy of the decision or order. Review it the same day. Calendar any new deadlines. If the order requires further steps, such as filing proof of payment or completing repairs, do them on time. Keep receipts and confirmations.
9. Maintain an organized case file. Store your affirmation, the signed order, affidavits of service, exhibits, and decisions together. Use labeled folders. If you return to court, bring the full file. Good records save time and prevent confusion.
10. If circumstances change, inform the court promptly. File a new application if needed. In your new affirmation, explain the change and attach proof. Judges expect you to act quickly and stay accurate.
11. Finally, monitor mail and messages from the court and the other side. Respond promptly. Keep your contact information current with the clerk. Missed notices can lead to missed hearings or deadlines.