Tenant Guide to Initial and Further Initial Hearings

It is incredibly important to show up, in person or virtually: plan to be there at least ten minutes early.

 

You will be asked to “consent to the magistrate,” which allows that judge to hear the case at that hearing.

 

Tenants then generally have three options:

 

1. Request a continuance (postpone hearing):

• You can ask for more time to talk to an attorney and reschedule to a later hearing.
• Say “I request a continuance with all rights reserved to seek legal counsel.”

 

2. Request a Bench Trial:

• If you know you have defenses (reasons why your landlord should lose) you can request a bench trial (a trial with the judge only).
  • Common defenses: housing conditions issues, ledger mistakes, your landlord made false accusations against you, etc.
• Say “I want to have a trial before a judge” & explain why your landlord should lose. Answer the judge’s questions simply & honestly.
• The court will set a date for mediation and a trial.
• Do NOT admit you owe money, or explain why you fell behind.

 

3. Request a Jury Trial:

• If you know you have defenses, AND you file a form called an Answer and Jury Demand before the hearing, you can request a jury trial.
• Jury trials take much longer than bench trials. There are also more hearings you need to attend.
• If you have filed the forms, say “I have filed an answer and jury demand.” If you have not filed yet, see option one to ask for more time.
• The court will set a mediation date. A trial date is set later.
• There is a $75 fee, but you can file a fee waiver form if you can’t pay.

 

Further Initial Hearings:

• Tenants have the same options at Further Initial Hearings as Initial Hearings (see reverse) EXCEPT they are less likely to be granted a continuance to seek counsel.
• Generally, if you want a jury trial, you must file your answer & jury demand before the first further initial hearing.

 

Initial/ Further Initial Hearing Do’s & Don’ts:

1. DO NOT miss your hearing. 

• If there is an emergency, call the clerk’s office (202-879-4879) to ask for an emergency continuance.

 

2. DO NOT admit that you owe money.

• You could lose your chance to tell the court your side of the story, and you could lose the case.

 

3. If you have a pending ERAP application, DO tell the judge.

• The Court must postpone the hearing until after your application has been processed. Someone from ERAP will be present in court to help explain that you have a pending application.

 

4. If the Landlord requests a “protective order,” DO ask for a “bell hearing” if you have conditions issues or dispute your rent.

• A protective order is the Court requiring you to pay your rent into the Court instead of to your landlord while the case is pending.

 

5. When in doubt, DO ask for more time to speak to an attorney (a continuance).