Eviction Laws in Auburn, New York
Auburn is the county seat and largest city of Cayuga County, sitting at the northern tip of Owasco Lake in the heart of the Finger Lakes region of Central New York. It is a city rich in history: Auburn was the adopted hometown of Harriet Tubman (the Harriet Tubman National Historical Park, her home, and her burial site at Fort Hill Cemetery are all here), the home of William H. Seward (Lincoln’s Secretary of State), and the site of the Auburn Correctional Facility — one of the oldest prisons in the United States and the namesake of the 19th-century “Auburn system” of penal discipline. The city’s population is approximately 25,500 and has been declining, down roughly 5 percent since 2020. Auburn is a lower-income, post-industrial market: the median household income is about $51,000, the poverty rate is roughly 19.5 percent, and owners and renters split the city almost evenly (renters make up about 50 percent of households). Rents are among the lowest in the state — the median gross rent is only around $900, and most renters pay under $1,000 — while median renter income is just under $30,000. The housing stock is old, with a median construction year of 1948 and about 43 percent of units built before 1940.
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 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.
Auburn & Cayuga County — Local Rules That Affect Landlords
No Local Rent Regulation — Baseline State Law Applies. Auburn has not opted into the Good Cause Eviction Law, and it has not adopted the Emergency Tenant Protection Act. There is no rent stabilization and no local Good Cause overlay, so tenancies are governed by baseline New York State law — RPAPL Article 7 together with the statewide HSTPA 2019 protections. The statewide RPL § 231-c Good Cause notice must still be included on leases and eviction papers, but landlords are not required to prove a “good cause” to decline a renewal or end a market-rate month-to-month tenancy, provided proper statutory notice is given. Every HSTPA protection — notice periods, right-to-cure, fee caps, and deposit rules — still fully applies.
Older Housing Stock & Lead Paint. With a median construction year of 1948 and roughly 43 percent of units built before 1940, a large majority of Auburn rentals predate the 1978 lead-paint cutoff. Federal lead-paint disclosure is mandatory for pre-1978 housing, and aging plumbing, wiring, and heating systems make the warranty of habitability (RPL § 235-b) a frequent issue — habitability defenses are common in contested cases, so proactive maintenance and documentation are essential.
Soft, Low-Cost, Declining Market. Auburn has a roughly 10 percent vacancy rate and some of the lowest rents in New York, in a market where the population has been shrinking. Units can be slow to fill and margins are thin, so tenant retention and careful screening matter as much as the eviction process itself. With median renter incomes near $29,400 and rent burdens above 35 percent of income, nonpayment risk is a constant reality.
Low-Income Tenant Base & Source-of-Income Protection. A significant share of Auburn renters rely on vouchers and subsidies, and the Cayuga County Department of Social Services administers emergency and eviction-prevention assistance that can pay arrears to keep tenants housed. Source-of-income discrimination is prohibited under the New York State Human Rights Law — denying an applicant because they intend to pay with a Housing Choice Voucher, government subsidy, or other lawful source of income is illegal. Landlords must evaluate ability to pay without regard to the source, and may benefit from coordinating with DSS when a tenant falls behind.
City Court & the 7th Judicial District. Auburn is the Cayuga County seat, and evictions for rental premises inside the city are filed at Auburn City Court. After judgment, the Cayuga County Sheriff executes the warrant of eviction.
Heat Season. Under New York State law, landlords must provide heat from October 1 through May 31, maintaining at least 68 degrees Fahrenheit during the day when outdoor temperatures fall below 55 degrees, and at least 62 degrees overnight — a meaningful obligation in Auburn’s cold Finger Lakes winters and older building stock.
Free Legal Help. Legal Assistance of Western New York (LawNY) serves qualifying low-income tenants in Cayuga County, and the Seventh Judicial District Court Help Center offers procedural guidance for unrepresented parties. The Cayuga County Department of Social Services handles eviction-prevention and emergency-housing assistance.
Security Deposits. New York State law (HSTPA 2019, General Obligations Law § 7-108) governs all deposit handling. Maximum deposit is one month’s rent. It must be returned within 14 days of move-out with an itemized statement of deductions. 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. Auburn does not impose additional local deposit requirements beyond state law.
Auburn City Court — Where Auburn Landlords File
Auburn landlords file summary proceedings (nonpayment petitions and holdover petitions) at Auburn City Court, located in the Historic Old Post Office Building at 157 Genesee Street, Auburn, NY 13021. General phone: 315-237-6420. The court sits in the Seventh Judicial District (Cayuga County). The filing fee for a summary proceeding is approximately $45. After judgment, the Cayuga County Sheriff executes the warrant of eviction and must give the tenant 14 days’ written notice before physical removal (RPAPL § 749). Because the city has not opted into Good Cause Eviction, a market-rate holdover does not require the landlord to prove a “good cause,” and uncontested nonpayment evictions often run about 4 to 8 weeks from demand to physical removal. Contested proceedings run longer — and given the age of the housing stock, warranty-of-habitability defenses are common, so landlords should be prepared to show the unit is in compliance. Self-help eviction is a criminal misdemeanor under RPAPL § 768, and only the Cayuga County Sheriff is authorized to physically remove a tenant.
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