Eviction Laws in Long Beach, New York
Long Beach is a barrier-island city on the south shore of Nassau County, with a population of approximately 34,700. Connected to the rest of Long Island by bridges and served by the LIRR Long Beach Branch, it functions as both a beachfront resort community and a year-round bedroom community for New York City commuters. Its 2.1-mile boardwalk anchors a strong summer-seasonal economy. Demographics are approximately 72 percent White, 14 percent Hispanic, and 5 percent Asian. The median household income is approximately $140,700 — among the higher figures for any New York city — and the poverty rate is about 7 percent. Approximately 37 percent of Long Beach housing units are renter-occupied. The median gross rent is approximately $2,377, reflecting the high-cost coastal Nassau County market. The median construction year for Long Beach housing is 1958, with roughly a quarter of the stock built before 1940. The city was severely damaged by Hurricane Sandy in October 2012, and the resulting rebuild — including FEMA flood-zone mapping and elevation requirements — continues to shape much of the rental housing stock.
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.
Long Beach & Nassau County — Local Rules That Affect Landlords
Rent Stabilization — ETPA Applies. Nassau County has opted into the Emergency Tenant Protection Act (ETPA), and Long Beach is one of the covered municipalities. The ETPA applies to buildings with six or more units built before 1974 in opted-in jurisdictions. Rent increases for ETPA-covered units in Long Beach are set annually by the Nassau County Rent Guidelines Board — not the New York City board — which adopted guidelines of 2 percent for one-year leases and 3 percent for two-year leases for the 2025–26 cycle. Landlords with ETPA-covered units must register with the New York State Division of Housing and Community Renewal (DHCR), file annual registration statements, and comply with DHCR regulations on rent increases, lease renewals, and services. Under HSTPA 2019, units can no longer be deregulated based on rent amount or tenant income — once stabilized, always stabilized. Not every Long Beach apartment is stabilized — single-family homes, smaller buildings, and newer construction may be market-rate — so landlords must determine each unit’s status before setting rent or pursuing an eviction.
Good Cause Eviction — Statewide Notice, No Local Opt-In. Long Beach has not separately opted into the Good Cause Eviction Law at the local level, so the substantive Good Cause protections do not currently apply to its market-rate units. However, the statewide RPL § 231-c notice requirement does apply — all leases, demands, petitions, and notices must include the Good Cause notice regardless of coverage. For ETPA-covered units, the rent stabilization framework already provides comparable protections. Landlords should monitor local legislative activity, as the City Council could vote to opt in at any time.
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. Failure to provide adequate heat is a basis for a tenant warranty-of-habitability claim and, for ETPA-covered units, a DHCR decreased-services complaint and possible rent reduction order.
Nassau County — Tenth Judicial District & a Local City Court. Long Beach falls within the Tenth Judicial District. It is one of only two municipalities in Nassau County — along with Glen Cove — that operates its own City Court empowered to hear landlord-tenant summary proceedings. For rental premises located within the City of Long Beach, petitions are filed at the City Court of Long Beach. For premises elsewhere in Nassau County, evictions are filed at the Nassau County District Court, First District, in Hempstead. After judgment, the Nassau County Sheriff executes the warrant of eviction.
Coastal, Flood-Zone & Seasonal Rentals. Long Beach’s barrier-island location means a substantial share of its rental stock sits in FEMA-designated flood zones, much of it rebuilt or elevated after Hurricane Sandy. Landlords should confirm flood-insurance obligations and any required flood-risk disclosures before leasing. The city’s beachfront economy also drives a heavy summer-seasonal rental market; short-term seasonal leases follow different notice math than year-round tenancies, so the lease term should be documented clearly and seasonal renters should be screened to the same standard as annual ones.
Older Housing Stock and Code Compliance. The median construction year for Long Beach housing is 1958, and roughly a quarter of units were built before 1940. This older, salt-air-exposed stock presents challenges for landlords: lead paint hazards, aging plumbing and electrical systems, and corrosion-prone infrastructure that requires proactive maintenance. Housing court judges scrutinize habitability conditions when tenants raise warranty-of-habitability defenses, and for ETPA-covered units DHCR can issue rent reduction orders for decreased services.
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.
Free Legal Help. Nassau Suffolk Law Services provides free civil legal assistance to qualifying low-income tenants in Nassau County, and the Tenth Judicial District Court Help Center offers procedural guidance, forms, and information 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. Long Beach does not impose additional local deposit requirements beyond state law.
City Court of Long Beach — Where Long Beach Landlords File
Long Beach landlords file summary proceedings (nonpayment petitions and holdover petitions) at the City Court of Long Beach, One West Chester Street, Long Beach, NY 11561. General phone: (516) 442-8544. The court sits in the Tenth Judicial District and handles landlord-tenant matters for premises within city limits — a notable convenience, since most of Nassau County must file at the Nassau County District Court in Hempstead. The filing fee for a summary proceeding is approximately $45. After judgment, the Nassau County Sheriff executes the warrant of eviction and must give the tenant 14 days’ written notice before physical removal (RPAPL § 749). An uncontested nonpayment eviction typically takes 6 to 10 weeks from demand to physical removal. Contested proceedings — particularly those involving ETPA-stabilized units, DHCR complaints, 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 Nassau County Sheriff is authorized to physically remove a tenant.
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