New York Eviction Process for Landlords

Types of Eviction Proceedings in New York

New York law provides for two primary types of eviction proceedings: nonpayment proceedings and holdover proceedings, both governed by Real Property Actions and Proceedings Law (RPAPL) Article 7. A nonpayment proceeding is used when a tenant has failed to pay rent. A holdover proceeding is used when a tenant remains in possession after the lease has expired, has been terminated, or was never in effect. Understanding which proceeding applies is critical because each has different notice requirements and procedural rules.

Nonpayment proceedings require the landlord to serve a written 14-day demand for rent before filing in court. The demand must specify the amount of rent owed and the period it covers. It must be served personally, by substituted service, or by conspicuous place service (affixed to the door). Only after the 14-day period expires without payment may the landlord commence the court proceeding. The 14-day demand requirement was established by the HSTPA, replacing the previous 3-day notice period.

Holdover proceedings require the landlord to first properly terminate the tenancy through a notice to quit. For month-to-month tenants in New York City and certain other locations, the notice period depends on the length of tenancy: 30 days for tenancies under one year, 60 days for one to two years, and 90 days for tenancies over two years, per Real Property Law Section 226-c. After the notice period expires, the landlord serves a notice of petition and petition to commence the court case.

Court Proceedings and Timeline

All eviction proceedings in New York must go through the courts. Self-help evictions, including lockouts, utility shutoffs, and removal of tenant belongings, are illegal under RPAPL Section 768 and can result in civil and criminal penalties. The landlord files the petition in Housing Court (in New York City) or the appropriate City, District, or Justice Court elsewhere in the state.

After filing, the court issues a notice of petition that must be served on the tenant at least 10 days (or 5 days with personal service) before the hearing date. At the hearing, both parties present their cases. If the tenant fails to appear, the court may enter a default judgment. If both parties appear, the court may schedule a trial, encourage settlement, or refer the case to mediation. New York City Housing Court has dedicated resolution parts designed to facilitate settlements.

The timeline from initial notice to final eviction in New York is among the longest in the country, typically ranging from 2 to 6 months. Complex cases involving rent-stabilized tenants, tenants with disabilities, or tenants with children in school may take even longer. Courts have broad discretion to grant stays of eviction for up to one year under RPAPL Section 753 if the tenant can show hardship and a plan to relocate or cure the default.

Good Cause Eviction Protections

New York enacted Good Cause Eviction (GCE) legislation in 2024, codified as Real Property Law Section 226-c, providing unprecedented protections for tenants in market-rate housing. Under GCE, landlords of covered properties cannot evict a tenant or refuse to renew a lease without demonstrating good cause. Good cause includes nonpayment of rent, violation of lease terms, nuisance behavior, illegal use of the premises, refusal of reasonable access, and owner occupancy.

A critical aspect of GCE is its restriction on rent increases as an eviction tool. An "unreasonable" rent increase is considered a constructive eviction attempt. Increases exceeding a reasonable threshold, generally tied to the CPI plus a percentage, may be challenged by the tenant. If the landlord refuses to renew a lease because the tenant declines an unreasonable increase, the refusal is treated as a bad faith eviction subject to court challenge.

GCE applies to most market-rate rental units not already covered by rent stabilization. Exemptions include owner-occupied buildings with four or fewer units, units in buildings with fewer than a specified number of units (which varies by local implementation), and units that are subject to other regulatory frameworks. Landlords must understand whether their properties are covered and adjust their lease renewal and rent-setting practices accordingly.

Post-Judgment Execution and Tenant Protections

After a court issues a judgment of possession, the landlord must obtain a warrant of eviction from the court clerk. The warrant is executed by a city marshal (in New York City) or the county sheriff. The marshal or sheriff must serve the tenant with a notice of eviction providing at least 14 days before the scheduled eviction date. Only the marshal or sheriff may physically remove the tenant and their belongings.

New York law provides extensive post-judgment protections for vulnerable tenants. Courts may stay eviction for up to one year for tenants who would face extreme hardship, including elderly tenants, tenants with serious medical conditions, tenants with school-age children during the school year, and tenants who demonstrate an inability to find comparable housing. Landlords should be prepared for the possibility of a stayed eviction and plan accordingly.

During the COVID-19 pandemic, New York implemented additional eviction protections including the Emergency Rental Assistance Program (ERAP) and the COVID Emergency Eviction and Foreclosure Prevention Act. While most pandemic-era protections have expired, they established precedents for future emergency legislation. Landlords should maintain awareness of current legislative developments, as New York frequently considers and enacts new tenant protection measures.