Eviction in NYC: What Residential Landlords Must Check First

Rent-stabilized and rent-controlled apartments have specific eviction protections. Review registration records, lease riders, renewals, and relevant orders from New York State Homes and Community Renewal, or HCR.

New York’s Good Cause Eviction law covers some otherwise unregulated homes. For covered housing, lease expiration alone does not justify nonrenewal or removal. Exemptions depend on ownership, portfolio size, owner occupancy, construction dates, and rent levels. Keep records supporting the claimed exemption.

Public housing, Section 8, and other assisted housing may involve additional federal notice, termination, or administrative requirements. Certain federally connected properties also require a CARES Act notice analysis. A state-law rent demand may not satisfy these obligations.

Review tenant rights and protection for potential retaliation, discrimination, and accommodation issues.

Prepare a monthly ledger showing rent, payments, credits, and the remaining balance. Compare receipts, assistance payments, and written concessions. Repair claims and disputed rent increases may affect the recoverable amount.

For ordinary residential tenancies, RPAPL §702 excludes fees, penalties, and charges other than rent from the summary proceeding. A lease’s “additional rent” label does not override that restriction.

Identify the breached provision, the alleged conduct, and when it occurred. Preserve dated complaints, photographs, and communications. Check whether the applicable rules require an opportunity to cure and whether the tenant corrected the problem.

Review renewals, extensions, and payment history. A planned sale or expired lease does not itself establish grounds to remove a protected tenant. The absence of a current written lease also does not automatically eliminate tenancy rights.

Under RPL §235-e, a residential landlord generally must send a certified-mail notice when rent remains unreceived within five days of its due date. Failure to send it may support a tenant’s defense.

A nonpayment case generally also requires a properly served written rent demand allowing at least 14 days before commencement. Expiration of that period may permit court proceedings; it does not authorize physical removal.

A curable lease violation may require a cure notice followed by a termination notice. The governing lease and housing rules determine the requirements.

Where RPL §226-c applies, nonrenewal notice periods are generally 30, 60, or 90 days, depending on occupancy and lease length. Timely notice does not replace a required ground for nonrenewal. Include applicable Good Cause disclosures and identify the basis for any exemption.

The petition must correctly identify the parties, premises, grounds, and requested relief. Check applicable multiple-dwelling registration requirements through NYC Housing Preservation and Development, or HPD.

The county Landlord-Tenant Clerk handles paper filing. NYSCEF use depends on authorized case types and participation rules. Electronic filing does not replace required service of initiating papers.

A tenant generally has 10 days to answer a nonpayment petition after service. Holdover papers specify an appearance date; ordinary holdover service generally occurs 10 to 17 days beforehand.

The case may involve settlement, motions, or trial. Prepare witnesses and records addressing the grounds, notices, service, and disputed payments. A failure to answer requires a default application and court review, rather than automatic possession.

The marshal or sheriff must provide at least 14 days’ written notice before executing the warrant. This notice is separate from the earlier rent demand.

Check for stays, later orders, and payments. In a nonpayment case, full tender or deposit of rent due before execution generally requires vacating the warrant unless the landlord establishes bad-faith withholding. Do not change locks, remove belongings, or interrupt essential services to force departure.

There is no fixed completion period. Service problems, motions, adjournments, trial, and stays can extend proceedings. Adding statutory notice periods together does not produce a reliable move-out date.

The court lists a $45 fee to issue a notice of petition. Service, legal representation, marshal services, and other expenses are separate. That filing-related fee is not the total eviction cost.