New York Eviction Laws — Overview for Landlords
New York is one of the most tenant-friendly states in the country. Eviction proceedings — called “summary proceedings” — are governed primarily by the Real Property Actions and Proceedings Law (RPAPL), particularly Articles 7 and 7-A, and the Real Property Law (RPL). The Housing Stability and Tenant Protection Act of 2019 (HSTPA) dramatically expanded tenant protections statewide, and the Good Cause Eviction Law (RPL Article 6-A), enacted in 2024, added a new layer of just-cause requirements that affect most unregulated apartments in New York City and opt-in localities. New York landlords face longer timelines, stricter procedural requirements, and more tenant defenses than landlords in nearly any other state. Understanding the full legal framework before filing is essential — procedural errors are punished harshly, and cases are routinely dismissed for defective notices, improper service, or failure to include required disclosures.
Key Legal Framework
Real Property Actions and Proceedings Law (RPAPL). Articles 7 and 7-A govern summary proceedings (evictions). RPAPL § 711 defines the grounds for eviction. RPAPL § 735 governs service of the petition and notice of petition. RPAPL § 749 governs warrants of eviction — the sheriff or marshal must give a written 14-day notice before physical removal. RPAPL § 768 makes self-help eviction a misdemeanor.
Housing Stability and Tenant Protection Act (HSTPA) of 2019. This landmark law applies statewide and includes: security deposits capped at one month’s rent (no last month’s rent in addition to deposit); security deposits must be returned within 14 days of move-out with an itemized statement of deductions; application fees capped at $20; late fees capped at $50 or 5% of monthly rent, whichever is less; rent cannot be considered late until more than five days past due; tenants can cure nonpayment up until the moment the warrant of eviction is executed.
Good Cause Eviction Law (RPL Article 6-A) — Effective 2024. This law requires “good cause” (just cause) for evictions of most unregulated apartments in New York City and any locality that opts in. Good cause grounds include nonpayment, lease violations, nuisance, illegal activity, and refusal of access. The law also caps rent increases — increases above the lower of 10% or 5% plus CPI (approximately 8.79% for 2025) are presumptively unreasonable. As of August 18, 2024, all landlords (even those exempt from the law) must include the Good Cause Eviction Law Notice (RPL § 231-c) in all leases, renewals, notices, and petitions.
Rent Stabilization and Rent Control. Approximately one million apartments in New York City are rent-stabilized, governed by the Rent Stabilization Law and administered by the Division of Housing and Community Renewal (DHCR). Rent-controlled apartments (a smaller, shrinking category) are governed by separate regulations. Landlords of rent-regulated apartments face additional procedural requirements and may need DHCR approval before commencing eviction proceedings.
Notice Requirements
Nonpayment of Rent — 14-Day Notice to Pay. Before filing a nonpayment proceeding, the landlord must serve a written 14-day demand for rent. The notice must state the amount owed, how it can be paid, and must include the Good Cause Eviction Law Notice (RPL § 231-c). The tenant can cure (pay all rent owed) at any time up until the marshal or sheriff executes the warrant of eviction — even after a court judgment.
Lease Violations — Notice to Cure. For curable lease violations, the landlord must serve a Notice to Cure giving the tenant a reasonable opportunity to correct the violation (typically 10 days, though lease terms and local rules may vary). If the tenant fails to cure, the landlord serves a Notice of Termination before filing a holdover proceeding.
Holdover / Lease Expiration — 30/60/90-Day Notice. For tenancies of one year or more but less than two years, 30 days’ notice is required. For tenancies of two years or more, 60 days’ notice is required. For tenancies of two years or more in buildings with four or more units, 90 days’ notice is required. Month-to-month tenancies require 30 days’ notice.
Serious Misconduct / Illegal Activity. For conduct that cannot be cured — such as illegal activity, threats, or chronic nuisance — the landlord serves a Notice of Termination without a cure period and proceeds to a holdover proceeding.
Court System — Where to File
New York evictions are filed in different courts depending on location. In New York City, nonpayment and holdover proceedings are filed in Housing Court (part of the NYC Civil Court), with separate courthouses in each borough. Outside NYC, evictions are filed in the local City Court, District Court, Town Court, Village Court, or Justice Court depending on the municipality and county. Filing fees range from $45 in Housing Court for small claims to $335 for larger claims, with District Court filings averaging $150 and Town/Village/Justice Court filings averaging $125. Service of the Notice of Petition must be completed at least 5 but no more than 12 days before the hearing date — deliver process to the sheriff at least 14 days before the hearing.
Eviction Timeline
New York evictions are among the slowest in the nation. In New York City, the typical nonpayment eviction takes 3 to 6 months or longer, with contested cases extending well beyond a year. Upstate and suburban courts generally move faster — 2 to 4 months is typical for uncontested cases. After a judgment of possession, the court issues a Warrant of Eviction. In NYC, a City Marshal executes the warrant after posting a 72-hour notice. Outside NYC, the sheriff or constable must give a written 14-day notice before physical removal (RPAPL § 749). Tenants can file an Order to Show Cause at any point to stay (delay) the eviction, claiming hardship, illness, or other grounds — and judges frequently grant these stays.
Security Deposits
New York law (General Obligations Law § 7-107, as amended by HSTPA) strictly regulates security deposits statewide. Deposits are capped at one month’s rent. Landlords cannot charge last month’s rent in addition to a security deposit. Deposits must be returned within 14 days of move-out with an itemized statement of any deductions. If the landlord fails to provide an itemized statement, the landlord forfeits the right to retain any portion of the deposit — even for legitimate damages. As of November 15, 2025, tenants have the right to a pre-move-out inspection and an opportunity to cure conditions before the deposit is applied. Buildings with six or more units must deposit security funds in an interest-bearing account.
What Makes New York Different
Right to Counsel. In New York City, tenants in zip codes covered by the Right to Counsel program have a right to free legal representation in eviction proceedings. This means many NYC tenants will have attorneys — landlords should be prepared for contested cases even in seemingly straightforward nonpayment matters.
Tenant Can Cure Until Execution. Unlike most states where a judgment ends the tenant’s right to cure, New York allows tenants to pay all rent owed and dismiss a nonpayment case at any point up until the marshal or sheriff physically executes the warrant. This dramatically extends timelines and reduces landlord leverage.
Self-Help Eviction is a Misdemeanor. Under RPAPL § 768, any landlord who uses self-help to evict a tenant — changing locks, removing belongings, shutting off utilities, or any other action to force a tenant out without a court order — commits a misdemeanor. Only a marshal, sheriff, or constable can execute a warrant of eviction.
Good Cause Eviction Law Notice Required on Everything. As of August 18, 2024, all landlords — even those exempt from the Good Cause Eviction Law — must include the RPL § 231-c notice in all leases, renewals, notices, petitions, and 14-day demands. Failure to include this notice can result in dismissal of eviction proceedings.
Application Fees Capped at $20. Landlords cannot charge more than $20 for application or screening fees statewide.
Late Fees Capped. Late fees are capped at $50 or 5% of monthly rent, whichever is less. Rent cannot be considered late until more than five days past due.
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