In order to get an order from the Court which delays your eviction due to the fact that you are terminally ill, you must apply to the Court for an Order to Show Cause For a Hardship Stay For a Terminally Ill Tenant. Under this special law the court may stay your eviction for up to one year. The procedure for this type of special relief is outlined below.
- Go to the clerk’s office in the Special Civil Part of the courthouse where your eviction hearing was held. Bring with you a copy of the Warrant For Removal.
- At the clerk’s office, request a copy of the forms to apply for post-judgment relief in tenancy actions and tell the court clerk what it is that you need. (The court clerk is required by court rule to provide those forms for you).
- Fill out an Order to Show Cause to Stay the Warrant of Removal.
Information That You Must Include in Your Papers:
- The fact that all of the rent that you owe has been paid or
- The fact that you are now able to pay the rent that you owe.
Note: You will not be able to obtain a Stay of the Warrant for Removal unless you can now pay all of the rent that you owe by the time that you appear in court.
- The fact that you have been a tenant of the landlord for at least two years.
- Valid proof that you are terminally ill (This usually means some sort of information from a doctor such as medical records, a letter, hospital records, etc).
- The fact that there is a strong chance that you will not be able to find and move to another apartment without suffering some sort of medical harm.
- Getting a Return Date - After you file the papers you will get a hearing date or “return date” from the court telling you when the court will hear (consider) your Order to Show Cause “OTSC”. The judge will normally review your papers and sign an Order which gives you a return date. The return date is the date when you and the landlord will return and appear before the judge
Notice to the landlord: Usually notice is given to the landlord by sending his/her attorney a copy of the application forms and the order signed by the judge. The landlord can apply to the court to reverse the order but he/she must give your notice that he/she is going to contest the order.
- What Happens on the Return Date?
On the return date of the OTSC you and the landlord will both appear. You will offer your reasons why the relief that you are requesting should be granted. The landlord will offer his/her reasons why the relief that you are requesting should not be granted.
Click below for forms to use to apply for a Hardship Stay of the Warrant of Removal and to Vacate the Judgment For Possession.