Conference of County Court Judges July, 2015 Judge David E. Silverman Judge Michaelle Gonzalez-Paulson Managing the Landlord ~ Tenant Docket Practice Tips

Practice Tip 1  Review file within days after service of process.  Judge should review file to determine if the Court has jurisdiction and, if so, whether: Default is proper; Rent Determination Hearing should be set; or, Trial should be set. 2

Practice Tip 2  Use template documents to expedite accurate decisions.  Judge should be able to promptly enter orders including, Order for Default, Final Judgment of Eviction, Order Scheduling Rent Determination, Order Scheduling Trial 3

Practice Tip 3  Dispose of most cases by default judgment of eviction. Where tenant has defaulted by failing to file answer or not posting accrued rent when required Avoid emotional response that may result in unnecessary trial 4

Practice Tip 4  Facilitate online scheduling. Place available hearing time online together with instructions on reserving hearing time. Provide pertinent information – without giving legal advice – as to landlord-tenant issues. Make template documents available. 5

Practice Tip 5  Avoid ex parte communications with litigants. Expedited procedure does not vary responsibility under the Canons of Judicial Conduct. Scheduling exception, limited with respect to basis, prompt disclosure, adverse appearance. 6

Practice Tip 6  Maintain a tracking log of eviction cases. Identify how many days each eviction case is pending, at each stage, to disposition. Compare cases to identify causes of delay, points at which delay occur, and procedures for expediting resolution. 7

Practice Tip 7  When scheduling trial, require deposit of accrued rent. When the trial is scheduled into the next month, rent may continue to become due. Including obligation to continue to deposit rent in trial order may limit potential adverse effects. 8

Practice Tip 8  Conduct hearings with lean efficiency, gentle decisiveness and manifest fairness. Choose chambers or courtroom and the tenor of the venue. Avoid the “tardy” default. Identify agreed and disputed issues of fact and applicable law. 9

Practice Tip 9  Promote opportunities for settlement and schedule mediation. Despite adverse relationship, enlightened self-interest often motivates parties to settle. Judicial reservations regarding waiver of default notice. 10

Practice Tip 10  Obtain the perspective of the shareholders. Meet with sheriff’s eviction deputy, clerks, landlords’ counsel, property managers, representatives for homeless veterans, tenant’s rights organizations, etc. Avoid discussion of specific cases. 11

Thank you for participating in the presentation 12