Eviction Laws in Jamestown, New York
Jamestown — nicknamed the “Pearl City” and best known as the birthplace of Lucille Ball, home of the National Comedy Center — is the largest city in Chautauqua County, in the far southwestern corner of New York near the Pennsylvania border, set between Lake Erie and the Allegheny National Forest at the foot of Chautauqua Lake. Its population is approximately 28,000 and has been gradually declining. Once a thriving furniture- and metal-manufacturing center, Jamestown is now a lower-income, post-industrial market: the median household income is about $43,500, the poverty rate is roughly 25 percent, and the cost of living runs well below the national average. Renters make up a slight majority of households — about 51 percent — and rents are among the lowest of any New York city, with a median gross rent near $725 per month. Median renter income is only about $25,000. The single most important fact for landlords here is the age of the housing stock: the median construction year is 1938, and roughly 58 percent of all units were built before 1940 — one of the oldest housing inventories in the state.
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.
Jamestown & Chautauqua County — Local Rules That Affect Landlords
No Local Rent Regulation — Baseline State Law Applies. Jamestown 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.
Very Old Housing Stock & Lead Paint — the Defining Local Issue. With a median construction year of 1938 and about 58 percent of units built before 1940, the overwhelming majority of Jamestown rentals predate the 1978 lead-paint cutoff. Federal lead-paint disclosure is mandatory for pre-1978 housing, and Chautauqua County operates a lead-poisoning prevention program; landlords should confirm current county and city lead, rental-registration, and inspection requirements before leasing. Aging plumbing, wiring, roofs, and heating systems make the warranty of habitability (RPL § 235-b) a frequent and serious issue in this market — habitability defenses are common in contested cases, so proactive maintenance and documentation are essential.
Soft, Low-Cost Market. Jamestown has an elevated vacancy rate (around 15 percent) tied to long-run population decline, and rents are very low. That combination means units can be slow to fill and margins are thin, so tenant retention and careful screening matter as much as the eviction process itself. Modest rents also mean smaller nonpayment balances — but with median renter incomes near $25,000, nonpayment risk is real.
Low-Income Tenant Base & Source-of-Income Protection. A large share of Jamestown renters rely on vouchers and other subsidies. 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.
City Court & the 8th Judicial District. Jamestown falls within the Eighth Judicial District; the Chautauqua County seat is Mayville, but evictions for rental premises inside the City of Jamestown are filed at Jamestown City Court. After judgment, the Chautauqua 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 Jamestown’s cold, snowy climate and aging building stock.
Free Legal Help. Legal Assistance of Western New York (LawNY) maintains a Jamestown office serving qualifying low-income tenants in Chautauqua County, and the Eighth Judicial District Court Help Center offers 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. 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. Jamestown does not impose additional local deposit requirements beyond state law.
Jamestown City Court — Where Jamestown Landlords File
Jamestown landlords file summary proceedings (nonpayment petitions and holdover petitions) at Jamestown City Court, 200 East 3rd Street, Jamestown, NY 14701. General phone: 716-483-7561. The court sits in the Eighth Judicial District (Chautauqua County); the City Court judges are the Hon. John I. LaMancuso and the Hon. George Panebianco. The filing fee for a summary proceeding is approximately $45. After judgment, the Chautauqua 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 Chautauqua County Sheriff is authorized to physically remove a tenant.
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