New York Eviction Lawyer
Navigate New York's Eviction Process the Right Way
New York's eviction law changed substantially in 2019 and again in 2024. Seraj Law helps New York landlords and property owners understand the current rules under RPAPL Article 7 and the Good Cause Eviction Law — and pursue removal proceedings correctly.
Step 1 of 6
Understand your situation
Eviction Rules That Trip Up Landlords
New York has among the most procedurally demanding eviction frameworks in the country. A defective notice, a missed filing deadline, or a petition that fails to account for the Good Cause Eviction Law can result in dismissal — forcing landlords to restart the process from the beginning while losses compound.
Eviction Law in New York State
Evicting a tenant in New York requires strict compliance with a procedural framework that has grown substantially more complex since the Housing Stability and Tenant Protection Act of 2019 and the Good Cause Eviction Law of 2024. Landlords who attempt to navigate this process without current legal knowledge risk dismissal, sanctions for illegal lockouts, and the loss of months of rental income while a defective case is restarted. This page explains how New York’s eviction law works statewide and what landlords need to know before filing.
Step 2 of 6
Know the law
Evictions Done by the Book
Seraj Law handles RPAPL Article 7 proceedings from the initial predicate notice through warrant of eviction. We account for current law including Good Cause Eviction requirements, ERAP procedural rules, and the local court practices that determine how quickly and successfully a case can move.
The Foundation: RPAPL Article 7
The Real Property Actions and Proceedings Law (RPAPL) Article 7 governs summary eviction proceedings in New York. It establishes the procedural framework that applies in every county, from New York City Housing Court to rural Town Courts in the North Country. The core mechanism is the “summary proceeding” — a streamlined court process designed to resolve possession disputes faster than ordinary civil litigation.
Summary proceedings come in two primary types:
Non-payment proceedings (RPAPL § 711(2)): Filed when a tenant has failed to pay rent. The landlord must first serve a proper rent demand — under current law, at least 14 days for residential tenancies — before filing a petition. The demand must state the exact amount owed and give the tenant an opportunity to pay before the proceeding is initiated.
Holdover proceedings (RPAPL § 711(1)): Filed when a tenancy has expired or been terminated and the tenant remains in possession. The basis for a holdover can include lease expiration, lease violation, nuisance conduct, or illegal subletting. Each basis carries its own predicate notice requirements.
How the Good Cause Eviction Law Changes the Analysis
Prior to April 2024, most landlords of unregulated rental units outside New York City had the right to decline lease renewal without stating a reason. Tenants in month-to-month tenancies could be given proper notice to vacate without any explanation. The Good Cause Eviction Law fundamentally changed this.
Under RPL § 231-b, landlords in covered municipalities must demonstrate “good cause” to:
- Refuse to renew a lease
- Commence an eviction proceeding against a tenant who has paid rent
Qualifying good cause reasons include: non-payment of rent; material lease violation; disorderly conduct; illegal activity on the premises; the landlord’s intent to demolish or substantially rehabilitate the building; owner occupancy (with specific procedural requirements); and a few others enumerated in the statute.
Covered units: The law applies to most residential rental units in municipalities that have not opted out. Exemptions include buildings completed within the past 30 years, owner-occupied buildings with four or fewer units, seasonal rentals, and a few other categories.
Opt-outs: Municipalities outside New York City can opt out of the Good Cause Eviction Law by passing a local law within one year of enactment (by April 2025). As of 2026, a number of upstate municipalities have done so — but many have not. Landlords outside New York City must confirm the status of their municipality before relying on the pre-2024 assumption that lease non-renewal requires no stated reason.
Rent increase limitations: For covered tenancies, the Good Cause Eviction Law also limits annual rent increases to 5% plus the local CPI, or 10%, whichever is lower. An eviction proceeding predicated on non-payment following a rent increase that exceeded this limit faces a potential defense.
DHCR and Rent-Stabilized Evictions
For rent-stabilized units, the Division of Housing and Community Renewal (DHCR) plays a parallel regulatory role. Owners seeking to recover rent-stabilized apartments for personal use, for substantial rehabilitation, or on the basis of chronic non-payment face an additional layer of administrative procedure. DHCR has jurisdiction over rent overcharge complaints and service reduction complaints that can affect the landlord’s right to collect rent — and therefore affect the basis for a non-payment proceeding.
For official background, forms, and step-by-step guidance, see the New York Courts’ Homes & Evictions resource.
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Step 3 of 6
Follow the eviction process
The Step-by-Step Eviction Process in New York
Step 1: Predicate Notice
Every eviction proceeding begins with a predicate notice served on the tenant. The type of notice, its content, and the method of service are all governed by statute. Common errors at this stage — wrong notice type, wrong service method, wrong timeframe — result in dismissal of the subsequent petition.
For non-payment proceedings: A 14-day written rent demand must be served before filing. The demand must state the rental period for which rent is owed and the total amount due.
For holdover proceedings: Notice requirements vary. Month-to-month tenants are entitled to 30, 60, or 90 days’ notice of termination depending on how long they have occupied the unit (under amendments made by the HSTPA in 2019). Fixed-term tenants whose lease has expired may require different notice depending on the specific lease terms and basis for holdover.
Good Cause Eviction municipalities add a notice-of-non-renewal requirement: landlords who do not intend to renew a lease must serve written notice of non-renewal within the same timeframes as the termination notice requirements — 30, 60, or 90 days depending on tenancy length.
Step 2: Filing the Petition
If the tenant does not cure the default (pay rent, vacate, or correct a lease violation) within the notice period, the landlord files a Notice of Petition and Petition in the appropriate court. The court that has jurisdiction depends on the location of the property:
- New York City: Housing Court (Civil Court of the City of New York, Housing Part)
- Upstate cities: City Court for that municipality (e.g., Buffalo City Court, Rochester City Court, Yonkers City Court)
- Towns and villages: Town or Village Court with jurisdiction over the property’s location
The Petition must allege facts sufficient to establish each element of the claim — the landlord-tenant relationship, the nature of the default, the predicate notice served, and the relief requested. Courts throughout New York dismiss petitions that fail to allege required elements, and curative amendment is not always permitted.
Step 3: Service of Process
The Notice of Petition and Petition must be served on the tenant in accordance with RPAPL § 735. Service may be made by personal delivery, substituted service on a person of suitable age and discretion with a follow-up mailing, or conspicuous-place service (nail-and-mail) when personal and substituted service cannot be accomplished after due diligence. RPAPL § 735 requires personal or substituted service to be attempted at least on two different dates and at different times of day before resorting to nail-and-mail.
Defective service is one of the most common grounds for dismissal and is frequently raised by tenant counsel in contested proceedings.
Step 4: Court Appearance and Hearing
At the first court date, the tenant may appear, negotiate a settlement, or contest the proceeding. If the matter is contested, the case is adjourned for a hearing. In Housing Court and active City Courts, cases may be adjourned multiple times. In smaller Town or Village Courts, cases may proceed more quickly but with less specialized judicial experience in housing law.
A stipulation of settlement — negotiated between the parties, often with counsel — is the most common resolution of a non-payment proceeding. Stipulations typically give the tenant a date by which to pay all arrears in exchange for the landlord withdrawing or staying the proceeding. A well-drafted stipulation protects the landlord’s right to proceed immediately to warrant if the tenant defaults on the payment schedule.
Step 5: Judgment of Possession and Warrant of Eviction
If the landlord prevails at hearing, the court enters a Judgment of Possession and issues a Warrant of Eviction. The warrant authorizes the appropriate enforcement officer — a marshal in New York City, a sheriff or constable in most upstate jurisdictions — to remove the tenant and their belongings from the premises.
The marshal or sheriff is not required to execute the warrant immediately. Landlords must actively follow up to schedule execution. In New York City, warrant execution is coordinated with the City Marshal’s office. Upstate, the county sheriff typically handles warrant execution.
Step 4 of 6
Avoid an illegal lockout
The Illegal Lockout Problem
A landlord who attempts to remove a tenant without going through the RPAPL process — by changing locks, removing doors, turning off utilities, or removing the tenant’s property — commits an illegal lockout under RPL § 235. Courts take illegal lockouts seriously. A tenant who has been illegally locked out can obtain emergency reinstatement from the court and may recover damages, including treble damages in egregious cases. Landlords who are frustrated by a slow court process and take matters into their own hands face serious legal exposure. The RPAPL process, followed correctly, is the only legally sanctioned path to regaining possession.
Step 5 of 6
Work with Seraj Law
What Seraj Law Does for New York Landlords
Seraj Law provides end-to-end representation in New York eviction proceedings:
- Reviewing the tenancy and identifying the correct procedural path under current law
- Drafting and serving predicate notices that comply with current RPAPL requirements and Good Cause Eviction obligations
- Filing petitions in the appropriate court with properly pled allegations
- Appearing for initial return dates, adjournments, and hearings
- Negotiating stipulations of settlement that protect the landlord’s enforcement rights
- Pursuing warrant of eviction and coordinating with enforcement officers
We represent property owners statewide — from large multi-unit landlords to small investors managing a handful of units. The first step is a consultation to evaluate the tenancy, identify the applicable legal framework, and lay out a clear plan.
For official procedural materials, the New York courts publish statewide landlord and tenant forms and guidelines, which include non-payment and holdover filings, required notices, and court procedures.
The information on this page is for general informational purposes only and does not constitute legal advice. Reading this page does not create an attorney-client relationship with Seraj Law, PLLC. Please contact our office to discuss the specific facts of your situation.
Frequently Asked Questions
What is the Good Cause Eviction Law and does it affect my ability to evict a tenant?
New York's Good Cause Eviction Law (RPL § 231-b), enacted in April 2024, requires landlords in covered municipalities to have a qualifying reason to refuse lease renewal or evict a tenant who pays rent. Qualifying reasons include non-payment, lease violations, and the owner's need to occupy the unit. Exemptions apply to newly constructed buildings (30-year period), owner-occupied buildings with four or fewer units, and municipalities that have formally opted out.
What notices are required before starting an eviction proceeding in New York?
The predicate notice requirement depends on the basis for eviction. A non-payment proceeding requires a rent demand of at least 14 days. A month-to-month holdover requires a 30-day notice (for tenancies of less than one year) or 60- or 90-day notice (for longer tenancies) under RPAPL § 232-a and § 232-b. Good Cause Eviction adds a notice-of-non-renewal requirement in covered municipalities. Serving the wrong notice or serving it incorrectly results in dismissal.
How long does an eviction take in New York outside of New York City?
Outside New York City, where Housing Court does not exist, summary proceedings under RPAPL Article 7 are filed in local City, Town, or Village Courts. Timeline varies by county and court backlog. A straightforward non-payment case without ERAP involvement may resolve in 30 to 90 days from petition filing. Contested cases, ERAP stays, or appeals significantly extend the timeline. New York City Housing Court cases often take longer due to volume and procedural requirements.
What effect does ERAP (Emergency Rental Assistance Program) still have on evictions?
While the main ERAP application period has closed, courts continue to encounter cases where prior ERAP applications affected timelines or created payment records relevant to the proceeding. Additionally, new emergency rental assistance programs at the state or local level may arise. Landlords should confirm with counsel whether any pending assistance application affects the court's ability to enter a judgment or issue a warrant in a specific case.
Can a landlord evict without going to court?
No. Self-help evictions, such as changing locks, removing belongings, or shutting off utilities, are illegal in New York. Only a city marshal or county sheriff can enforce an eviction order.
What rights do tenants have during eviction?
Tenants have the right to receive proper notice, present defenses in court, and remain in the property until a court issues a judgment and warrant of eviction.
Are eviction records public in New York?
Yes. Eviction filings and judgments are part of the public record, though some protections may apply in limited cases, especially in housing court reforms implemented in recent years.
How does rent stabilization affect eviction?
For rent-stabilized or rent-controlled apartments in New York City, landlords must follow additional rules. Evictions usually require specific grounds, such as owner occupancy, chronic late payments, or lease violations, and are subject to oversight by housing regulators.
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The information on this website is for general informational purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
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