Cal. Civ. Code § 797-H
Answer
Operative Text
§ 797-h. Answer. At or prior to the time the petition is to be heard the respondent 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.
Under N.Y. Real Prop. Acts & Proc. Law § 797-H, a respondent in a covered proceeding has the right to submit an answer—either spoken or written—no later than the time the petition is scheduled to be heard. When an oral answer is given, the court is required to have its substance recorded and kept as part of the official case record. The answer is not limited to narrow technical defenses; it may raise any legal or equitable defense the respondent wishes to assert.
Plain English — not legal advice.
Property owners and managers involved in proceedings governed by N.Y. Real Prop. Acts & Proc. Law § 797-H should be aware that respondents are permitted to answer at or before the hearing, and that oral answers carry the same formal weight as written ones once recorded by the clerk or presiding judge. Operators who understand this procedural posture generally prepare their case with the expectation that a respondent may raise a broad range of legal or equitable defenses at the last permissible moment. Familiarity with this provision helps property managers anticipate the scope of issues that may be placed before the court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
As a respondent under N.Y. Real Prop. Acts & Proc. Law § 797-H, a tenant has the right to answer the petition either orally or in writing, and may do so as late as the moment the hearing begins. Importantly, the answer can include any legal or equitable defense—meaning a wide range of arguments, including those rooted in fairness or housing regulations, may be raised. Tenants who want to understand which defenses may apply to their circumstances can consult a tenant-rights organization or legal aid office for general information about the types of defenses recognized 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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