Eviction Laws in Ithaca, New York
Ithaca is the seat of Tompkins County and home to Cornell University (roughly 26,000 students) and Ithaca College (roughly 5,000), which together make it one of the most renter-dominated cities in New York State. The city’s population is approximately 32,000, and about 70 percent of housing units are renter-occupied. The median age is just 23, reflecting the enormous student presence. The median household income is approximately $48,800 and the reported poverty rate is around 28 percent — both figures depressed by the large number of low-reported-income students rather than purely by local economic distress. Demographics are approximately 63 percent White, 17 percent Asian, and 9 percent Hispanic. The housing stock is among the oldest in the state: the median construction year is 1956, and more than 40 percent of units were built before 1940. The rental market runs on the academic calendar — leases turn over in summer, guarantors and co-signers are common, and student demand keeps year-round vacancy very low even as advertised rents run high relative to local income.
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.
Ithaca & Tompkins County — Local Rules That Affect Landlords
Good Cause Eviction — Opted In Under the Strongest Terms. In July 2024, the Ithaca Common Council voted 8–2 to adopt a local Good Cause Eviction law, opting in under the strongest available terms: it defines a “small landlord” as anyone who owns more than one rental unit statewide, so the protections reach nearly all private landlords in the city. For covered units, a tenant who pays rent and follows the lease is generally entitled to a renewal, and a landlord must establish a legally recognized “good cause” to refuse renewal or evict. Tenants may also challenge rent increases above the lower of 10 percent or 5 percent plus CPI. Key exemptions include housing owned by schools and higher-education institutions (Cornell and Ithaca College units), buildings within the state’s 30-year new-construction window (those built from 2009 onward), owner-occupied buildings with fewer than 11 units where the owner resides, co-ops and condos, subsidized or already-regulated housing, and units renting above the “fair market” ceiling (roughly $5,740 per month for a two-bedroom). Because the small-landlord threshold is set so low, Ithaca landlords should assume their units are covered unless a specific exemption clearly applies — and should plead and prove good cause in any holdover.
No ETPA / Rent Stabilization. Ithaca has not opted into the Emergency Tenant Protection Act, so there is no rent stabilization in the city — rents remain market-rate. The practical ceiling on increases now comes from Good Cause’s rent-increase challenge provision for covered units, not from a rent guidelines board.
Student-Driven Rental Market. With Cornell and Ithaca College anchoring the city, Ithaca’s rental market is unusually large and turnover runs on the academic year. Guarantors and co-signers are routine, and the Collegetown area near campus sees intense seasonal demand. University-owned housing is exempt from Good Cause, but the large private student-rental sector is generally covered — landlords renting to students should structure leases and renewals with the local Good Cause law in mind.
Older Housing Stock & City Inspections. Ithaca’s median construction year is 1956 and over 40 percent of units predate 1940 — among the oldest stock in the state. The City of Ithaca operates a rental-housing inspection program and requires a certificate of compliance for rental units; landlords should confirm current rental registration and inspection requirements with the City of Ithaca Building Division before leasing. Lead paint, aging plumbing and electrical systems, and heating reliability are common habitability issues, and housing court judges scrutinize them closely when tenants raise warranty-of-habitability defenses (RPL § 235-b).
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. In an old, cold-climate housing stock, heat complaints are a frequent basis for habitability claims.
Active Tenant Advocacy. The Ithaca Tenants Union is an organized and visible presence, and tenants in the city are frequently well informed of their rights. Free civil legal assistance for qualifying low-income tenants is available through Legal Assistance of Western New York (LawNY), which serves Tompkins County, and the Sixth Judicial District Court Help Center offers procedural guidance for unrepresented parties.
Source-of-Income Protection. 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.
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. Ithaca does not impose additional local deposit requirements beyond state law.
Ithaca City Court — Where Ithaca Landlords File
Ithaca landlords file summary proceedings (nonpayment petitions and holdover petitions) at Ithaca City Court, 118 E. Clinton Street, Ithaca, NY 14850. General phone: 607-216-6660. The court sits in the Sixth Judicial District (Tompkins County); the presiding judges are the Hon. Richard M. Wallace and the Hon. Seth J. Peacock. The filing fee for a summary proceeding is approximately $45. After judgment, the Tompkins 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 opted into Good Cause Eviction, a landlord of a covered unit must plead and be prepared to prove a legally recognized cause in any holdover — a step that can lengthen contested cases. An uncontested nonpayment eviction typically takes 6 to 10 weeks from demand to physical removal; contested proceedings — especially Good Cause holdovers, habitability defenses, or adjournment requests — can extend to 12 to 16 weeks or significantly longer. Self-help eviction is a criminal misdemeanor under RPAPL § 768, and only the Tompkins County Sheriff is authorized to physically remove a tenant.
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