Eviction Laws in Freeport (Village), New York
Freeport is an incorporated village of approximately 44,000 residents within the Town of Hempstead in Nassau County on the South Shore of Long Island, approximately 30 miles east of Manhattan. It is the second-largest village in New York State by population. Originally an oystering community and later a resort popular with the New York theater crowd, Freeport today is one of Long Island’s most diverse communities: approximately 33 percent Black, 28 percent Hispanic (classified as “other race” in census data), 19 percent White, and significant Caribbean and Latin American populations. Approximately 31 percent of residents are foreign-born, with large Haitian, Jamaican, Trinidadian, Salvadoran, and Guatemalan communities. An astonishing 44.5 percent of Freeport residents speak a language other than English at home. The median household income is approximately $121,000 — reflecting Long Island’s high cost of living — and the poverty rate is relatively low at about 7 percent. The median gross rent is approximately $1,984. Freeport has approximately 14,000 households with an average household size of 3.12 persons. The Freeport Nautical Mile — a commercial waterfront district along Woodcleft Canal — drives significant tourism and dining activity. The Long Island Rail Road (LIRR) Freeport station on the Babylon Branch provides direct service to Penn Station in approximately 40 minutes. Major employers include South Nassau Communities Hospital (now Mount Sinai South Nassau), the Freeport Union Free School District, the Village of Freeport government, and the commercial fishing and marina industry.
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.
Freeport (Village) & Nassau County — Local Rules That Affect Landlords
Rent Stabilization — ETPA Applies. Nassau County is one of the four counties eligible for the Emergency Tenant Protection Act (ETPA). Freeport has adopted ETPA, which applies to buildings with six or more units built before 1974 in municipalities that have declared a housing emergency. Rent increases for ETPA-covered units in Nassau County are set by the Nassau County Rent Guidelines Board. Landlords with ETPA-covered units must register with DHCR, file annual registration statements, and comply with all DHCR regulations on rent increases, lease renewals, and services. Under HSTPA 2019, apartments can no longer be deregulated based on rent amounts or tenant income levels. Freeport’s housing mix includes a significant number of pre-1974 multifamily buildings along the Grand Avenue, South Main Street, and Atlantic Avenue corridors that are likely ETPA-covered, alongside single-family homes and newer construction that are market-rate.
Good Cause Eviction — NOT Opted In. As of May 2026, the Village of Freeport has not opted into the Good Cause Eviction Law. Market-rate tenants not covered by ETPA do not have substantive Good Cause protections. However, the statewide RPL § 231-c notice requirement applies — all leases, demands, petitions, and notices must include the Good Cause notice.
Language Access and Immigrant Community. With 44.5 percent of residents speaking a language other than English at home and 31 percent foreign-born — including large Haitian Creole, Spanish, and French-speaking communities — Freeport presents unique communication challenges for landlords. Court documents and proceedings are in English, but interpreters can be requested at Nassau County District Court. Landlords must ensure proper service of all notices regardless of language barriers — RPAPL service requirements are strict, and improper service is a common basis for dismissal. Source-of-income discrimination is prohibited under New York State law — denying tenants based on Housing Choice Vouchers, government subsidies, or remittance-based income violates the Human Rights Law.
Nassau County District Court — Tenth Judicial District. All landlord-tenant matters in Nassau County — including the Village of Freeport — are litigated in the Nassau County District Court, located at 99 Main Street, Hempstead, NY 11550. The District Court handles evictions for the entire county. Landlord-Tenant Court convenes at 9:30 a.m. every Monday through Friday in Room 280 on the second floor. This centralized court system handles very high case volume — landlords should expect calendar congestion, multiple adjournments in contested cases, and the possibility of represented tenant opposition through Nassau Suffolk Law Services.
Waterfront and Flood Zone Properties. Freeport’s South Shore location along the Atlantic coast means portions of the village are in FEMA-designated flood zones. Superstorm Sandy (2012) caused significant damage in Freeport, particularly in the neighborhoods south of Sunrise Highway. Landlords in flood-prone areas must carry flood insurance, and tenants are entitled to disclosure of flood history. Flood zone properties may face higher insurance costs and periodic tenant displacement during storm events.
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.
Nassau County District Court — Where Freeport Landlords File
Freeport landlords file summary proceedings (nonpayment petitions and holdover petitions) at the Nassau County District Court, located at 99 Main Street, Hempstead, NY 11550. Landlord-Tenant Court sits daily at 9:30 a.m. in Room 280, second floor. The court is part of the Tenth Judicial District of the New York State Unified Court System. The filing fee for a summary proceeding is approximately $45. After judgment, the Nassau County Sheriff executes the warrant. The sheriff must give the tenant 14 days’ written notice before physical removal (RPAPL § 749(2)). For ETPA-covered units, the court will verify the unit’s regulatory status and landlords must demonstrate DHCR compliance. The Nassau County District Court is one of the busiest landlord-tenant courts on Long Island. An uncontested nonpayment eviction typically takes 6 to 10 weeks from demand to physical removal. Contested proceedings can extend to 12 to 16 weeks or longer. Self-help eviction is a criminal misdemeanor under RPAPL § 768, and only the Nassau County Sheriff is authorized to physically remove a tenant.
|