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What is the eviction process in New York?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

1. Statutory Framework. New York summary proceedings are governed by N.Y. Real Property Actions and Proceedings Law (RPAPL) Art. 7 (§§ 701-768), as amended by the Housing Stability and Tenant Protection Act of 2019 (HSTPA).

2. Pre-Filing Notice. Nonpayment requires a 14-day written rent demand under RPAPL § 711(2). Holdover termination notices under RPAPL § 226-c are tiered: 30 days (tenancy under 1 year), 60 days (1-2 years), or 90 days (2+ years). Cure notices for lease breach are typically 10 days under RPAPL § 753(4).

3. Filing the Complaint. File the petition and notice of petition in the New York City Housing Court (NYC) or local justice/town/city court. Filing fee is $45-$50.

4. Tenant Answer / Default. Tenant has 10 days from service to answer (RPAPL § 732 for nonpayment); answer may be oral. Default judgment requires proper service and affidavit.

5. Hearing. Hearings are set quickly (often 3-8 days after answer in NYC). Defenses include warranty of habitability (Real Prop. Law § 235-b), retaliation (RPL § 223-b), HSTPA procedural defects, and source-of-income/Fair Housing discrimination.

6. Writ of Possession. After judgment of possession, a warrant of eviction issues. Under HSTPA, marshals must serve a 14-day notice to vacate before executing the warrant (RPAPL § 749).

7. Self-Help Prohibition. RPAPL § 768 and RPL § 235 make it a Class A misdemeanor (plus civil penalties of $1,000-$10,000 per violation) for an owner to lock out a tenant, shut off utilities, or remove belongings without a court warrant.

8. CARES Act. Federally-backed properties require a 30-day notice to vacate under 15 U.S.C. § 9058 for nonpayment.

9. Just-Cause. NYC rent-stabilized/controlled units and the 2024 Good Cause Eviction Law (RPL Art. 6-A) limit termination to enumerated grounds and cap rent increases for covered units.

This is legal information, not legal advice.

When to Talk to a Lawyer
  • Unit is rent-stabilized, rent-controlled, or covered by Good Cause Eviction
  • Tenant raises ERAP application, succession rights, or HSTPA procedural defenses
  • NYCHA, Section 8, or Mitchell-Lama subsidized housing eviction
Related Statutes & Laws
  • N.Y. RPAPL Art. 7
  • N.Y. RPL § 226-c
  • N.Y. RPL § 235-b
  • 15 U.S.C. § 9058

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.