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What is the eviction process in New York?

Federal & State Law Editorial TeamLast reviewed: 2026-04-30

New York eviction (summary proceeding) is governed by RPAPL Article 7 and the Housing Stability and Tenant Protection Act of 2019 (HSTPA).

1. Pre-Eviction Notice

  • Nonpayment: 14-day written rent demand (RPAPL § 711(2)), changed from 3-day demand by HSTPA.
  • Lease violation: 10-day notice to cure followed by a 7-day notice of termination (a "Chapman notice" or per lease).
  • No-cause termination (RPL § 226-c):

    • - <1 year of tenancy: 30 days

    - 1-2 years: 60 days

    - 2+ years: 90 days

    2. Filing the Summary Proceeding

    Landlord files a notice of petition and petition in NYC Housing Court (Civil Court) or the local city/town court. Filing fee is $45 in NYC Housing Court (and $20 outside NYC).

    3. Service and Response

    Process must be served 10-17 days before the return date by personal delivery or "nail and mail" after diligent attempts (RPAPL § 735). Tenant should file a written answer; oral answer is allowed in NYC Housing Court.

    4. Trial

    First appearance is usually a settlement conference. If unresolved, the case is sent to a trial part. Tenants have a right to counsel in NYC under the Universal Access law (CCA § 110-c) if income-eligible.

    5. Judgment and Warrant of Eviction

    If landlord wins, court issues a judgment of possession and a warrant of eviction. Under HSTPA, the court must give the tenant 14 days written notice before the marshal can execute (RPAPL § 749).

    6. Marshal/Sheriff Lockout

    NYC marshal or local sheriff executes the warrant by removing the tenant and changing the locks.

    7. Tenant Defenses

    Warranty of habitability (RPL § 235-b) with rent abatement, improper service, succession rights, rent stabilization/rent control violations, retaliatory eviction (RPL § 223-b), and discrimination.

    This is legal information, not legal advice.

    When to Talk to a Lawyer
    • You receive a notice of petition in housing court
    • Apartment is rent-stabilized or rent-controlled
    • Landlord failed to give required 14-day notice
    Related Statutes & Laws
    • N.Y. RPAPL § 711
    • N.Y. RPAPL § 735
    • N.Y. RPAPL § 749
    • N.Y. RPL § 226-c
    • N.Y. RPL § 235-b

    This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.