Cal. Civ. Code § 743
Answer
Operative Text
§ 743. Answer. Except as provided in section seven hundred thirty-two of this article, relating to a proceeding for non-payment of rent, at the time when the petition is to be heard the respondent, or any person in possession or claiming possession of the premises, may answer, orally or in writing. If the answer is oral the substance thereof shall be recorded by the clerk or, if a particular court has no clerk, by the presiding judge or justice of such court, and maintained in the case record. The answer may contain any legal or equitable defense, or counterclaim. The court may render affirmative judgment for the amount found due on the counterclaim.
Under N.Y. Real Prop. Acts & Proc. Law § 743, in most eviction or possession proceedings (other than nonpayment-of-rent cases governed by § 732), the respondent or any person claiming possession of the premises has the right to respond at the hearing either orally or in writing. An oral answer must be recorded and kept as part of the official case record. The response may raise any legal or equitable defense, and may also include a counterclaim against the petitioner, on which the court can award an affirmative monetary judgment if the facts support it.
Plain English — not legal advice.
Property owners and managers initiating summary proceedings under N.Y. Real Prop. Acts & Proc. Law § 743 should be aware that respondents—including occupants who may not be named parties—are entitled to answer at the hearing and to assert any defense or counterclaim available to them. A compliant operator generally prepares for the possibility that the respondent will raise equitable defenses or seek affirmative relief, since the court has authority to enter a monetary judgment on a counterclaim. Understanding this procedural posture helps operators approach the hearing with complete documentation of the tenancy history and any relevant communications.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
N.Y. Real Prop. Acts & Proc. Law § 743 gives respondents in most eviction or possession proceedings the right to answer—orally or in writing—at the time of the hearing, and that answer can include any legal or equitable defense as well as a counterclaim. If an oral answer is given, the clerk or presiding judge is required to record its substance and keep it in the case file. Tenants who believe they have defenses or claims against a petitioner may wish to consult a tenant-rights organization or legal aid provider to understand what defenses and counterclaims might be available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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