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Housing Court Records and Your Credit Report

Do housing court records show up on my credit report?

Sometimes. If your landlord sued you for nonpayment of rent, and the housing court issued a judgment against you, it can show up on your credit report as a public record.

What is a judgment?

A judgment is the court's written, final decision in the case. If the judgment is against you, it will state how much money you owe your landlord. Traditionally, the court issued a judgment after a trial.

Do I have to have a trial in order to have a judgment against me?

No. These days, most housing court cases are resolved without a trial - but even without a trial, the court can issue a judgment. Many tenants resolve their housing court cases by signing a stipulation -- an agreement between you and your landlord's lawyer to pay arrears according to an agreed-upon schedule. (A stipulation might also include an agreement for your landlord to make repairs.) If the court approves the stipulation, it can become the court's judgment.

Also, if you don't respond to the summons and show up to defend yourself, the court will issue a judgment against you. This is commonly called a "default judgment."

If I have a case in housing court now, can I do something to prevent a judgment from showing up on my credit report?

YES. When you are making a payment agreement, make sure your landlord agrees to "vacate the judgment" and "discontinue the petition" in exchange for your payment. That way, there will be no judgment against you. If you are confused, ask the judge or the court attorney for help with this.

Can I remove a housing court judgment from my credit report?

Yes. If you have paid the arrears, you can ask a judge to vacate the housing court judgment. If the judgment is vacated, you can file a dispute with the credit reporting agencies, following the steps outlined here. The credit reporting agencies will be unable to verify the judgment, and they will have to remove it from your credit report.

How do I vacate a housing court judgment?

If you signed a stipulation in housing court, the judgment might already be vacated. Take a look at your stipulation. Does it say that the judgment will be vacated and the petition discontinued upon payment of the arrears? If so, and if you have paid the arrears, the judgment should be vacated. If you don't have a copy of the stipulation, you can get a copy from the court file, which is in the housing court clerk's office.

If the stipulation doesn't provide that the judgment will be vacated automatically, or if you never signed a stipulation, you will have to ask the court to vacate the judgment. Contact your housing court attorney, your local legal services office, or the Citywide Taskforce on Housing Court, 212-962-4795, for advice about how to do this. In general, though, the court will not vacate a judgment unless you have paid the arrears or can show that you don't owe the money. Also, if possible, ask your landlord to agree to your request to vacate the judgment. The court is more likely to grant your request if your landlord does not object.

What if I can't get the judgment vacated?

If you have paid the judgment, you should at least make sure that your credit report reflects that you have satisfied the judgment. Your landlord's attorney should have notified the court that you paid the judgment. The court clerk will place a notice called an "Entry of Satisfaction" in your case file. This notice is your official proof that you have satisfied the judgment. The clerk will send a copy of this notice to your landlord's attorney. You might also receive a copy, but that is not guaranteed.

If your credit report does not indicate that you have satisfied the judgment, you can file a dispute with the credit reporting agency. Be sure to include a copy of the Entry of Satisfaction with your dispute. (If you don't have a copy, you can get one from your file in the housing court clerk's office).

If you have paid the judgment, but there is no Entry of Satisfaction in your file, go to the clerk's office with proof of payment. If it has been more than 20 days since you paid the judgment, you might be able recover $100 from your landlord.

Can I write a 100 word statement to explain the judgment?

Yes. A possible statement could be: "I withheld my rent because my landlord refused to fix a leak in my ceiling. I had a legal right to do this under New York law. As soon as my landlord fixed the ceiling, I paid all the money I owed."

More Information

Credit Reports & Credit Scores

Ordering Your Credit Report

Reading Your Credit Report (PDF)

Correcting Your Credit Report

Improving Your Credit Report

Useful Links and Resources

Citywide Taskforce on Housing Court

LawHelp/NY

New York City Civil Courts

Disclaimer: This site provides general information for consumers and links to other sources of information. This site does not provide legal advice, which you can only get from an attorney. NEDAP has no control over the information on linked sites.