Eviction Laws in Albany, New York
Albany is the capital of New York State, the county seat of Albany County, and the economic and political hub of the Capital District region, with a population of approximately 100,000. Located on the western bank of the Hudson River approximately 150 miles north of New York City, Albany’s economy is dominated by state government, healthcare, education, and a growing technology sector anchored by the SUNY Polytechnic Institute’s NanoTech Complex in the region. The city’s demographics are approximately 52 percent White, 26 percent Black, 8 percent Asian, and 9 percent Hispanic. The median household income is approximately $62,000 and the poverty rate is about 23 percent — elevated in part by the large student population. Albany is home to the University at Albany (SUNY), with approximately 17,000 students, as well as Albany Medical College, Albany Law School, the College of Saint Rose (which closed in 2024), Siena College, and several other institutions in the immediate area. Approximately 62 percent of Albany’s housing units are renter-occupied — one of the highest rates in the state — with a vacancy rate of about 12 percent. Major employers include New York State government, Albany Medical Center, the University at Albany, and numerous state agencies headquartered in the Empire State Plaza.
New York eviction law — the Real Property Actions and Proceedings Law (RPAPL) Article 7 — requires landlords to serve a written notice before filing suit. For nonpayment of rent, a 14-day written rent demand is required under RPAPL § 711(2), specifying the exact amount owed and the time period covered. For lease violations, a 10-day notice to cure is required under RPAPL § 753(4). Month-to-month tenancies require 30 days’ notice if the tenancy is under one year, 60 days if between one and two years, and 90 days if the tenancy exceeds two years (RPL § 232-b as amended by HSTPA 2019). Once the notice period expires without compliance, the landlord files a summary proceeding (nonpayment or holdover petition) with the court. A critical protection added by the Housing Stability and Tenant Protection Act of 2019 (HSTPA): tenants may cure a nonpayment at any time until the marshal or sheriff physically executes the warrant of eviction — payment of all rent and fees owed stops the eviction entirely. Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is a criminal misdemeanor under RPAPL § 768.
As of August 18, 2024, all landlords statewide must include the Good Cause Eviction Law notice (RPL § 231-c) on every lease, every rent demand, every petition, and every notice — even for units that are exempt from the substantive Good Cause protections. Failure to include this notice can result in dismissal of the proceeding.
Albany & Albany County — Local Rules That Affect Landlords
Good Cause Eviction — OPTED IN (First Outside NYC). Albany was the first city outside of New York City to opt into the Good Cause Eviction Law. The Albany Common Council voted 14 to 0 (with one voting present) on June 3, 2024, and Mayor Kathy Sheehan signed the legislation on July 5, 2024 (Local Law E of 2024). The law has been in effect since July 5, 2024, and covers eviction cases filed on or after that date. Albany had previously passed its own local Good Cause Eviction law in 2021, but a state Supreme Court struck it down, ruling only the state could pass such measures. After the state authorized local opt-in through the April 2024 budget, Albany moved immediately. Under Albany’s Good Cause law, landlords cannot evict tenants or refuse to renew leases without a statutorily defined “good cause” reason — nonpayment, substantial lease violations, illegal use, nuisance, refusal of access for repairs, owner occupancy, or withdrawal from the rental market. Rent increases above 5 percent plus the local CPI or 10 percent (whichever is less) can be challenged as unreasonable — as of April 2025, the Albany CPI was 3.38 percent, making the effective cap approximately 8.38 percent. Eligible tenants must rent from a landlord who owns more than one rental unit statewide and pay less than 345 percent of Fair Market Rent (approximately $3,900 per month for a one-bedroom). Exemptions include units built after 2009, owner-occupied buildings with fewer than 11 units where the landlord owns only one unit, co-ops, condos, manufactured homes, employee housing, and already-regulated units. Tenants cannot waive these protections.
No rent control or rent stabilization beyond Good Cause. Albany has not adopted the Emergency Tenant Protection Act (ETPA). The Good Cause Eviction Law is the primary tenant protection framework.
United Tenants of Albany. Albany has one of the most active tenant advocacy organizations in upstate New York — United Tenants of Albany (UTA) — which played a central role in the passage of both the 2021 local law and the 2024 opt-in. UTA provides direct tenant services, organizes tenant associations, and actively monitors landlord compliance with Good Cause requirements. Landlords should expect well-organized tenant responses to eviction proceedings, particularly for Good Cause-related issues.
State Capital — Government Employee Tenant Base. As the state capital, Albany’s rental market is significantly influenced by New York State government employment. State workers, legislative staff, lobbyists, and seasonal political employees create a distinct tenant segment — often well-informed about housing law and their rights. The Empire State Plaza, the Capitol building, and numerous state agency offices are all located within or adjacent to the city’s core rental neighborhoods. This tenant base tends to be stable and well-compensated, but also sophisticated about legal protections.
University Rental Market. The University at Albany enrolls approximately 17,000 students, with its uptown campus in the western part of the city and its downtown campus near the Capitol. Albany Medical College and Albany Law School add several thousand more students in the Park South neighborhood. The closure of the College of Saint Rose in 2024 reduced student demand in the Pine Hills neighborhood but the overall student market remains significant. Student tenancies follow standard New York law with Good Cause protections applicable. Guarantor leases are standard practice. The $20 application fee cap applies to all applicants.
Older Housing Stock — Pine Hills and Student Neighborhoods. Albany’s Pine Hills neighborhood, adjacent to the University at Albany’s downtown campus and the former College of Saint Rose, contains one of the densest concentrations of student rentals in the Capital District. The housing stock is predominantly pre-war, with many large homes converted to multi-unit apartments. Lead paint, aging systems, and code compliance are persistent issues. The city’s Code Enforcement Bureau actively inspects rental properties, and housing court judges will scrutinize habitability conditions when tenants raise warranty of habitability defenses.
Free Legal Representation. Legal Aid Society of Northeastern New York provides free legal representation for qualifying tenants. United Tenants of Albany offers tenant advocacy services and direct assistance. The 3rd Judicial District Court Help Center provides procedural guidance for unrepresented parties.
Security Deposits. New York State law (HSTPA 2019, General Obligations Law § 7-108) governs all deposit handling. Maximum deposit is one month’s rent. Must be returned within 14 days of move-out with an itemized statement of deductions. Must be held in an interest-bearing account — tenant receives interest minus a 1 percent administrative fee. Application fees are capped at $20 total. Late fees are capped at the lesser of $50 or 5 percent of monthly rent, with a 5-day grace period. Albany does not impose additional local deposit requirements beyond state law.
Albany City Court — Where Albany Landlords File
Albany landlords file summary proceedings (nonpayment petitions and holdover petitions) at Albany City Court, Civil Part, located at Albany City Hall, Room 209, 24 Eagle Street, Albany, NY 12207. Phone: (518) 453-4640. The court falls within the Third Judicial District. The filing fee for a summary proceeding is approximately $45. After judgment, the Albany County Sheriff executes the warrant. The sheriff must give the tenant 14 days’ written notice before physical removal (RPAPL § 749(2)). With Good Cause in effect since July 2024, landlords filing holdover proceedings for nonrenewal must now demonstrate a qualifying reason in their petition — conclusory allegations without specific facts will be challenged. An uncontested nonpayment eviction typically takes 6 to 10 weeks from demand to physical removal. Contested proceedings — particularly those involving Good Cause defenses, habitability counterclaims, or the active involvement of United Tenants of Albany — can extend to 12 to 16 weeks or longer. Self-help eviction is a criminal misdemeanor under RPAPL § 768, and only the Albany County Sheriff is authorized to physically remove a tenant.
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