Navigating NYC Housing Court: A Step-by-Step Guide for Landlords
Navigating NYC Housing Court: A Step-by-Step Guide for Landlords
The New York City real estate market is unique, and so are its landlord-tenant laws. For property owners, understanding the legal process required to resolve tenant disputes—especially those involving nonpayment of rent or breach of lease—is crucial. In NYC, the Housing Part of the Civil Court is the only legal venue for removing a tenant. Self-help evictions (like changing locks or shutting off utilities) are strictly illegal and can result in severe penalties against the property owner.
As your trusted partner in NYC real estate, Yeo Real Estate has compiled this comprehensive guide, pulling facts directly from official New York State and NYC Housing Court resources, to demystify the process and help ensure your investment is legally protected.
Understanding the Two Main Housing Court Cases
A landlord cannot simply file for an “eviction.” The legal action must fall into one of two specific categories of summary proceedings: Nonpayment or Holdover.
1. Nonpayment Proceedings
This is the most common type of case, filed when a tenant is delinquent on their rent and the landlord seeks to recover the back rent and/or possession of the unit.
2. Holdover Proceedings
This type of case is filed for all other lease violations, such as:
A tenant remaining after the lease has expired (i.e., holding over).
Breach of a substantial lease clause (e.g., illegal subletting, property damage, creating a nuisance).
Remaining after a proper notice of termination (in month-to-month tenancies or when terminating a tenancy for cause).
Step-by-Step Guide: The Nonpayment Process
Successfully navigating a nonpayment case requires strict adherence to legal timelines and service requirements. Any procedural misstep can lead to the dismissal of your case, forcing you to start over and costing you more time and money.
Phase 1: Pre-Litigation Notices
Before you can file anything in court, New York State law requires two critical notices for nonpayment of rent:
Notice Type | Timing Requirement | Purpose |
5-Day Late Notice | The landlord must send this notice by certified mail within five days after rent is due. | To notify the tenant they are late, triggering a potential late fee (if the lease permits). |
14-Day Written Rent Demand | Must be served to the tenant at least 14 days before the court case (the Petition) is started. | This document formally demands the unpaid rent and warns the tenant that if the rent is not paid within the 14-day period, a summary eviction proceeding will be commenced. |
The Rent Demand must clearly state the specific months and amounts of rent owed.
Phase 2: Filing the Petition
If the tenant fails to pay the rent demanded after the 14-day notice period expires, the landlord can begin the legal action by filing two primary documents with the Civil Court Clerk in the appropriate borough:
The Petition: This verified document lays out all the essential facts, including the landlord’s ownership, the tenant’s relationship to the property, the basis for the nonpayment (i.e., the rent owed by month), the required Multiple Dwelling Registration (MDR) number (if applicable), and the relief sought (a money judgment and a Warrant of Eviction).
The Notice of Petition: This summons officially notifies the tenant that a case has been started and gives them the timeline to respond (usually five days after service).
Court Fees: It costs $45.00 to purchase an index number and start the case.
Phase 3: Serving the Tenant (Service of Process)
Once the court clerk returns the stamped and indexed Notice of Petition, you must arrange for a professional process server to serve the documents on the tenant.
Who can serve? Any person over the age of 18 who is NOT a party to the case. Most landlords use a licensed process server to ensure compliance.
The Service Period: The tenant must be served between 10 and 17 days before the scheduled court date printed on the Notice of Petition.
Permitted Methods of Service: Service must be attempted using strict methods prescribed by law:
Personal Service: Handing the papers directly to the tenant.
Substituted Service: Handing the papers to a person of suitable age and discretion at the premises or workplace, followed by a mailing.
Conspicuous Service (“Nail and Mail”): Affixing the papers to the door of the premises AND mailing two copies (one by regular mail, one by certified mail). This is only permissible after three attempts at personal/substituted service have failed.
After service is complete, the server must prepare and file an Affidavit of Service with the court, which legally proves the tenant was notified.
Phase 4: The Court Appearance & Resolution
After the tenant is served, they have a short window (typically 5-10 days) to file a written or oral Answer with the court clerk, stating their defenses (e.g., faulty service, warranty of habitability claims, payment).
First Court Date: Both parties appear on the return date. In many cases, the parties are first sent to mandatory mediation or an outside conference with court-assigned attorneys to attempt settlement.
Settlement (Stipulation): The vast majority of cases end here through a written agreement called a Stipulation of Settlement. This agreement spells out exactly how and when the tenant must pay the arrears. A stipulation is often "so-ordered" (approved and signed) by a judge.
Trial: If no settlement is reached, the case is scheduled for a trial, where both sides present evidence (leases, rent ledgers, repair records, photos) to a Housing Court Judge (juries are rare).
Phase 5: Judgment and Eviction
If the tenant fails to appear, or if the landlord prevails at trial, the court will issue a Judgment of Possession and often a Money Judgment for the rent owed.
Warrant of Eviction: The landlord must then obtain a Warrant of Eviction from the court clerk. This is the only document that legally authorizes the tenant's removal.
Marshal/Sheriff Execution: The Warrant must be given to a City Marshal or Sheriff for execution. The landlord is prohibited from performing the eviction themselves.
The Final 14-Day Notice: The Marshal or Sheriff must serve the tenant with a Notice of Eviction (also known as the Marshal's Notice or 72-Hour Notice) giving the tenant at least 14 days to vacate the premises before the scheduled eviction date.
Crucial Caveat: In a nonpayment case, the tenant generally has the absolute right to "stay the warrant" (stop the eviction) by paying the full amount of rent owed, plus any fees, to the landlord or the court any time before the Marshal or Sheriff physically removes them.
Key Protections & Nuances for Landlords
NYC and New York State laws are heavily protective of tenants. Any landlord must be aware of the laws governing non-renewal and tenant protections.
Notice Periods for Termination & Non-Renewal
For Holdover cases, or when declining to renew a lease in a non-regulated apartment, the required advance notice depends entirely on the length of the tenant’s occupancy:
Length of Tenancy | Required Written Notice to Terminate/Not Renew |
Less than one year | 30 days |
One year to less than two years | 60 days |
Two years or more | 90 days |
The "Good Cause" Eviction Law (Tenant Protection Act)
Recent New York State legislation requires landlords to have a "good cause" reason to terminate a tenancy or refuse a lease renewal in many market-rate apartments, often referred to as "Good Cause Eviction." This law applies broadly but contains several major exemptions that often protect smaller investors:
Exemption Type | Rule of Applicability |
Small Landlord | An owner who owns 10 units or fewer in New York State. |
Owner-Occupied Buildings | Buildings with 10 or fewer apartments where the owner lives in one of the units. |
Condos & Co-ops | Units in condo or co-op buildings are generally exempt. |
New Construction | Units built after January 1, 2009, are exempt for 30 years from their Certificate of Occupancy date. |
If your property is not exempt, you must have a statutorily defined "good cause" (e.g., nonpayment of a reasonable rent, criminal activity, using the unit illegally) to seek an eviction.
đź’ˇ Tips & Takeaways for NYC Landlords
Document Everything, Always: Keep meticulous records of all rent payments, all written correspondence with the tenant (including the 5-day and 14-day notices with proof of mailing/service), and documentation of any alleged lease violations.
Avoid Self-Help at All Costs: Never attempt to resolve a dispute by coercion. The only person legally authorized to remove a tenant is a City Marshal or Sheriff acting under a court-issued Warrant of Eviction.
Prioritize Mediation: Housing Court judges heavily favor settlements. Approaching mediation or settlement discussions prepared with your documentation can often secure a quicker resolution and avoid a lengthy, costly trial.
Know Your Building Status: Always confirm if your unit is subject to rent regulation or the Good Cause Eviction law. This determines the required notice periods and the specific grounds on which you can legally terminate a tenancy.
Ready to Navigate NYC Ownership with Confidence?
Understanding the intricacies of landlord-tenant law is the key to protecting your real estate investment in New York City. Whether you are considering purchasing your first multifamily building or you are a seasoned investor dealing with a complex tenant issue, the legal landscape is always shifting.
Don't go it alone. The team at Yeo Real Estate specializes in helping owners and investors manage the unique legal and financial complexities of the NYC market. We can connect you with trusted, vetted real estate attorneys who specialize in Housing Court to ensure every step of your process is legally sound.
Contact Yeo Real Estate today for an investment consultation and let us help you maximize the value and minimize the risk of your New York property portfolio.