New York's HSTPA imposes statewide tenant protections. NYC adds rent stabilization, right-to-counsel, and dedicated housing court procedures.
New York's eviction process is called Summary Proceedings (Holdover or Nonpayment) and is governed by Real Property Actions and Proceedings Law (RPAPL) Article 7. Cases are filed in housing court (NYC) or city/town court (rest of state). New York is one of the most tenant-protective states in the country — the Housing Stability and Tenant Protection Act of 2019 (HSTPA) significantly extended tenant protections statewide. Uncontested cases typically take eight to fourteen weeks; contested cases can extend six months to over a year.
NYC has dedicated Housing Court divisions in each borough that handle landlord-tenant matters exclusively. Outside NYC, city and town courts handle these cases. The HSTPA introduced statewide just-cause-style protections for many tenancies and significantly extended notice periods for various situations.
For non-payment of rent, New York requires a 14-day written rent demand under RPAPL 711(2) (extended from 3 days under HSTPA). The notice must precisely state the amount owed and inform the tenant of the right to pay within 14 days.
For lease violations, New York generally requires a 10-day Notice to Cure followed by a 30-day Notice of Termination if the violation is not cured. For more serious situations, different notice periods apply.
For month-to-month tenancies, HSTPA requires extended notice periods based on tenancy length: 30 days for tenancies under 1 year, 60 days for 1-2 years, 90 days for 2+ years (Real Property Law 226-c). Notices must be served properly — HSTPA tightened service requirements significantly.
After the notice period expires, file a Notice of Petition and Petition in the appropriate court. Filing fees in New York range from $20 to $45 in city/town courts and approximately $45 in NYC Housing Court. Service must be completed by a process server using specific methods.
The hearing date is typically set 5 to 12 days after service in nonpayment cases and 8 to 17 days in holdover cases. NYC Housing Court has detailed scheduling procedures and tenants are entitled to right to counsel in many cases.
New York summary proceedings are conducted under heavy court dockets. NYC Housing Court mandates settlement conferences before trial. Bring your lease, all notices and proof of service, your rent ledger, photographs, and any documentation. Tenants raise extensive defenses — warranty of habitability counterclaims, retaliation, succession rights, and procedural defenses are all common.
If you prevail, judgment is entered for possession. There is typically a stay period before the warrant of eviction can be issued. Tenants in NYC can request "orderly access" hearings, hardship stays, and other delays. Marshal execution can take weeks to schedule even after warrant issuance.
Kings County (Brooklyn) is one of New York City's five boroughs and one of the busiest landlord-tenant venues in the country. Kings County Housing Court at 141 Livingston Street processes thousands of eviction cases annually. Brooklyn has additional tenant protections including potential rent stabilization or rent control depending on the building.
Queens County (Queens) is another NYC borough with extremely high case volumes. Queens Housing Court at 89-17 Sutphin Boulevard handles eviction cases for the entire borough. Queens has the largest geographic area of any NYC borough with diverse rental markets ranging from luxury high-rises to modest two-family homes. For detailed landlord-tenant law specific to each county — including rent stabilization, NYC Housing Court procedures, and local rules — see Kings County landlord-tenant law and Queens County landlord-tenant law.
New York eviction procedure is the most complex on the East Coast, with HSTPA imposing extensive tenant protections statewide and NYC adding rent regulation, right-to-counsel programs, and dedicated housing court procedures. Operating on outdated forms or missing HSTPA notice requirements is a near-certain path to dismissal. See the full New York landlord-tenant law guide for HSTPA requirements, rent stabilization rules, NYC Housing Court procedures, and county-specific information.
Once the warrant of eviction is issued, the marshal (NYC) or sheriff (rest of state) executes the warrant. Execution scheduling can take weeks in NYC. Be present with a locksmith.
New York law has detailed procedures for handling tenant property left behind. NYC has additional storage and notification requirements. Improper handling creates liability under multiple statutes.