Attorney Certification for Waiver of Court Fees and Costs
(Housing Part Proceeding) (New York City)

Summary

This attorney certification can be used to request that an indigent petitioner in a Housing Part Proceeding (HP Proceeding) in New York City receive a waiver of all court fees and costs. This template includes practical guidance and drafting notes. An HP Proceeding is an action brought by a New York City tenant in a special part of housing court to compel a landlord to make repairs to the leased premises. If appropriate, the tenant can also ask the court to impose civil penalties and fees upon the landlord. HP proceedings are often brought by indigent petitioners who are represented by legal service organizations. NY CLS CPLR § 1101(e) provides for the waiver of a party's court fees and costs if a legal services organization determines that a party is unable to pay the costs, fees, and expenses necessary to prosecute or defend the proceeding. Thus, a fee waiver application is often submitted to the court with an HP Petition. This attorney certification is a necessary part of the application. For guidance on HP Proceedings see Commencing a Virtual Housing Part Proceeding in New York City Checklist. For an overview of practical guidance for those working in the public interest space, see Public Interest, Pro Bono, and Non-Profit Resource Kit.