How to Get a Court Fee Waiver in New York Housing Court

Going to Housing Court in New York can be stressful, especially when court filing fees make things harder for renters already facing financial challenges. Luckily, New York has a process for requesting a court fee waiver—known as "poor person relief"—so you can protect your rights without paying court costs upfront. Understanding the steps and resources available is important for any tenant struggling with money during a housing dispute.

What Is a Court Fee Waiver and Who Qualifies?

A court fee waiver allows renters to skip paying certain court fees (such as filing fees or motion fees) if they cannot afford them. In New York, this process is available to renters with low incomes who are taking or defending a case in Housing Court. The court will decide if you qualify based on your financial situation, including your income, assets, and basic expenses.

• Your ability to pay is usually measured against the federal poverty level or public assistance eligibility.
• You must provide details about your income and finances on the court's official form.

Which Court Handles Housing Cases for Renters?

In New York City, the Housing Part of the Civil Court of the City of New York handles most residential landlord-tenant disputes, including eviction cases, repairs, and payment disputes. Elsewhere in New York State, your local Town or Village Court or the County Supreme Court may hear housing matters.

How Do You Apply for a Court Fee Waiver?

Renters who cannot afford court expenses can apply by filling out an application for "Poor Person Order" (also called "in forma pauperis"). The main form is:

• Affidavit in Support of Application to Proceed as a Poor Person (Form: CIV-GP-20)
  Use this form to give details about your financial situation and to ask the court to waive filing fees. It's needed whenever you want to start (or respond to) a housing case and cannot pay the fees.
  Practical example: If you’re being evicted but can’t afford the response filing fee, fill out-this form to request the court’s permission to proceed for free.
  Official form and instructions: Affidavit in Support of Application to Proceed as a Poor Person (CIV-GP-20).

After completing and signing the form, you'll submit it to the clerk at the Housing Court where your case is being heard. In some cases, you may also need to file a "proposed order" for the judge to sign. The judge will review your application and documents to decide if you meet the requirements.

What Happens After You Apply?

Once submitted, the judge may ask you for more documents (such as pay stubs or benefits statements) to confirm your situation. If approved, you do NOT have to pay the required court fees. If denied, you will need to pay the fees to continue with your case.

Relevant New York Tenant Laws

Your ability to apply for a fee waiver is based on New York's rules of civil procedure and the statewide protections under the New York State Real Property Law – Tenant Rights and NYC Civil Court Act.¹

Action Steps for Renters Seeking a Court Fee Waiver

Here’s a simple summary of what to do next if you need help with court fees:

• Get the Affidavit in Support of Application to Proceed as a Poor Person form (CIV-GP-20).
• Fill in your financial details truthfully, and gather supporting documents (pay stubs, benefits, rent receipts, etc.).
• Submit the affidavit, and any required proposed order, at the Housing Court clerk’s office when you file your case documents or responses.
• Wait for the judge’s decision. Answer any follow-up questions from the court honestly.
• If approved, proceed with your case without paying court fees.

Frequently Asked Questions

1. Can I apply for a court fee waiver even if my case has already started?
   Yes, you can file for a court fee waiver at any time during your case, especially if your financial circumstances change.
2. What if my application for a fee waiver is denied?
   You may have to pay the court fees or ask the judge to reconsider by showing new or additional financial information.
3. Does getting a fee waiver affect my housing case or the judge’s decision?
   No, a fee waiver only affects your payment of court fees; it has no impact on your housing case outcome.
4. Are there other costs besides court fees that the waiver does not cover?
   Some expenses, like service fees for delivering legal papers, may not be covered. Ask the court clerk for clarification.
5. Do I need a lawyer to apply for a court fee waiver in New York?
   No, most renters can fill out the affidavit on their own. Free help is also available from legal aid services.

Key Takeaways

• Court fee waivers are available to low-income renters in New York facing housing disputes.
• File the official affidavit (CIV-GP-20) and be honest about your finances.
• Help is available at the court or from legal aid organizations if you need assistance with forms.

Applying for poor person status ensures that financial hardship doesn't prevent you from defending your home or rights.

Need Help? Resources for Renters

• New York Courts: Guidance on Court Fee Waivers (Poor Person Relief)
• NYC Housing Court Contact Information (for questions, hours, and legal referrals)
• LawHelpNY – Housing Legal Aid Finder
• If you need additional help, call the Unified Court System’s Help Center: CourtHelp Contact

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1. For more on tenant rights and court procedures, see New York State Real Property Law – Tenant Rights and official fee waiver form (CIV-GP-20).
2. Tribunal information from the Housing Part of the Civil Court of NYC and NYS Town & Village Courts.
3. Related legislation: NYS Real Property Law, NYC Civil Court Act.

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