New York City Eviction Laws & Process

NYC landlord guide — Housing Court, RPAPL, HSTPA, Good Cause Eviction, rent stabilization & local rules

Eviction Laws in New York City

New York City is the largest city in the United States with a population of approximately 8.3 million people across five boroughs — Manhattan (New York County), Brooklyn (Kings County), Queens (Queens County), the Bronx (Bronx County), and Staten Island (Richmond County). NYC is overwhelmingly a city of renters — approximately 67 percent of the city’s 3.4 million occupied housing units are renter-occupied, totaling roughly 2.2 million rental units. This is the largest rental market in the country by an enormous margin. Roughly half of all rental units in the city are rent-stabilized, governed by the Rent Stabilization Law and administered by the Division of Housing and Community Renewal (DHCR). The city’s demographics are extraordinarily diverse — no single racial or ethnic group constitutes a majority. The median household income is approximately $75,000, but income varies dramatically by borough and neighborhood — from median incomes above $100,000 in parts of Manhattan and Staten Island to below $40,000 in sections of the Bronx. The median asking rent citywide is approximately $3,600 per month as of 2025, but ranges from under $2,000 in parts of the Bronx to over $5,000 in Manhattan. Over 126,000 eviction petitions were filed in NYC Housing Court in 2024 alone — the vast majority for nonpayment of rent.

NYC eviction proceedings — called “summary proceedings” — are governed by the Real Property Actions and Proceedings Law (RPAPL), the Real Property Law (RPL), the Housing Stability and Tenant Protection Act of 2019 (HSTPA), and the Good Cause Eviction Law (RPL Article 6-A). All residential eviction cases in NYC are filed in Housing Court, which is part of the NYC Civil Court system. Each borough has its own Housing Court location. Nonpayment cases require a 14-day demand for rent before filing. Holdover cases require proper notice (30, 60, or 90 days depending on tenancy length). As of August 18, 2024, all petitions, notices, and demands must include the Good Cause Eviction Law Notice (RPL § 231-c) — failure to include this notice can result in dismissal. NYC evictions are among the slowest in the nation — 3 to 6 months is typical for uncontested nonpayment cases, and contested cases routinely take a year or longer.

New York State Laws That Apply in NYC

These are state-level laws — they apply to every landlord in New York, including NYC. They form the baseline on top of which NYC’s local ordinances add additional requirements.

RPAPL Articles 7 & 7-A — Summary Proceedings. The Real Property Actions and Proceedings Law governs the eviction process statewide. RPAPL § 711 defines grounds for eviction (nonpayment, holdover, nuisance, illegal use). RPAPL § 735 governs service of the petition and notice of petition — service must be completed at least 5 but no more than 12 days before the hearing. RPAPL § 749 governs warrants of eviction. RPAPL § 768 makes self-help eviction (lock changes, utility shutoffs, removing belongings) a criminal misdemeanor.

HSTPA — Housing Stability and Tenant Protection Act of 2019. This statewide law dramatically expanded tenant protections: security deposits capped at one month’s rent (General Obligations Law § 7-107); no last month’s rent in addition to a deposit; deposits must be returned within 14 days with an itemized statement or the landlord forfeits the right to retain any portion; application fees capped at $20; late fees capped at $50 or 5% of monthly rent (whichever is less); rent not considered late until five days past due; tenants can cure nonpayment at any point up until the marshal physically executes the warrant — even after a court judgment. As of November 15, 2025, tenants have the right to a pre-move-out inspection and the opportunity to cure conditions before the deposit is applied.

Good Cause Eviction Law — RPL Article 6-A (Statewide Framework). Enacted in 2024, this state law creates a just-cause eviction framework. NYC has automatically adopted it. Other localities can opt in. The law requires a Good Cause Eviction Law Notice (RPL § 231-c) be included in all leases, renewals, notices, demands, and petitions — even for exempt units. This notice must state whether the unit is covered or exempt, and if exempt, the specific reason. Failure to include this notice can result in dismissal. Good cause grounds include nonpayment, lease violations, nuisance, illegal activity, owner occupancy, demolition, and refusal of access.

14-Day Demand for Nonpayment. Before filing a nonpayment proceeding, landlords must serve a written 14-day demand stating the amount owed, how it can be paid, and including the RPL § 231-c notice.

30/60/90-Day Termination Notices. For holdover proceedings: 30 days’ notice for tenancies of 1–2 years; 60 days for tenancies of 2+ years; 90 days for tenancies of 2+ years in buildings with 4+ units. Month-to-month tenancies require 30 days’ notice.

Security Deposits — Statewide. Capped at one month’s rent. Buildings with 6+ units must hold deposits in an interest-bearing account. Return within 14 days with itemized deductions or forfeit the right to retain any portion.

NYC City Ordinances — Local Laws on Top of State Law

These are New York City-specific laws and ordinances that add requirements beyond state law. NYC landlords must comply with both layers.

NYC Good Cause Eviction Implementation (Local Law 1 of 2024). NYC automatically adopted the state Good Cause Eviction Law. For most unregulated apartments in the five boroughs, landlords must demonstrate “good cause” to evict or refuse to renew a lease. Rent increases above the lower of 10% or 5% plus CPI (approximately 8.79% for 2025) are presumptively unreasonable — the landlord bears the burden of proving the increase is justified based on property taxes, fuel/utility costs, insurance, or significant capital improvements. Exemptions include: owner-occupied buildings with 10 or fewer units; units with rent above 245% of the HUD fair market rent; units already subject to rent regulation (rent-stabilized, rent-controlled, Mitchell-Lama, etc.).

Rent Stabilization Law (NYC Admin Code § 26-501 et seq.). Approximately one million apartments in NYC are rent-stabilized — roughly half of all rental units. The Rent Stabilization Code is administered by the NYC Rent Guidelines Board (which sets annual allowable increases) and the state Division of Housing and Community Renewal (DHCR). Rent-stabilized tenants have the right to lease renewal, limits on rent increases, succession rights, and additional procedural protections. Landlords of rent-stabilized units may need DHCR approval before commencing certain eviction proceedings (e.g., owner-use, demolition). If your unit is rent-stabilized, you face a substantially more restrictive eviction process than market-rate landlords — consult a landlord-tenant attorney before filing.

Right to Counsel (Local Law 136 of 2017 / NYC Admin Code § 26-1301 et seq.). NYC’s Universal Access to Counsel program provides free legal representation to income-eligible tenants (household income up to 200% of federal poverty guidelines — approximately $53,300 for a family of three in 2025) in eviction proceedings. Between 33 and 67 percent of tenants receive full representation depending on the borough, and 72 to 93 percent of represented tenants remain in their homes. The representation rate dropped to approximately 30 percent in March 2025 due to funding constraints, but landlords should still expect legal opposition in a significant share of cases.

NYC Housing Maintenance Code (NYC Admin Code § 27-2004 et seq.). NYC’s Housing Maintenance Code — enforced by the Department of Housing Preservation and Development (HPD) — imposes extensive habitability and maintenance requirements on landlords that go well beyond the state implied warranty of habitability. HPD conducts inspections and issues violations (Class A, B, and C) that can directly affect eviction proceedings. Tenants routinely file HP (Housing Part) cases in Housing Court seeking court-ordered repairs — and judges frequently condition eviction judgments on the landlord addressing outstanding HPD violations first. If your building has open Class B or C violations, expect the court to address those before granting possession.

HPD Registration Requirement (NYC Admin Code § 27-2097). All buildings with three or more residential units in NYC must register annually with HPD and maintain current contact information for the owner and managing agent. Failure to register can complicate eviction proceedings — courts may refuse to proceed if the building is not properly registered. Verify your HPD registration status at the HPD Property Registration portal before filing.

NYC Human Rights Law (NYC Admin Code Title 8). NYC’s Human Rights Law provides broader fair housing protections than federal or state law. In addition to the standard protected classes, NYC prohibits discrimination based on source of income (including Section 8 vouchers, FHEPS, and other subsidies), immigration status, gender identity, and lawful occupation. Landlords cannot refuse to rent to voucher holders, and discriminatory screening practices face aggressive enforcement by the NYC Commission on Human Rights.

City Marshal System. Unlike the rest of New York State (where sheriffs or constables enforce warrants), NYC evictions are enforced exclusively by City Marshals. After a judgment of possession, the marshal posts a 72-hour notice on the tenant’s door. Only after the 72-hour period expires can the marshal return to physically remove the tenant. Tenants can file an Order to Show Cause at any time to stay the eviction — judges frequently grant stays, particularly for tenants with children, elderly tenants, or tenants claiming hardship. Marshal fees add to total eviction cost and vary by marshal.

Loft Law (Multiple Dwelling Law Article 7-C). The Loft Law provides special protections for tenants in buildings converted from commercial or manufacturing use to residential occupancy — common in Manhattan, Brooklyn, and Queens. Covered loft tenants have rights similar to rent-stabilized tenants, including protection from eviction except for good cause. If your building has a Loft Board registration or pending application, the eviction process is substantially different.

NYCHA Public Housing. The New York City Housing Authority (NYCHA) operates approximately 177,000 public housing units across the five boroughs. NYCHA evictions follow a separate administrative process through NYCHA’s administrative tribunal before reaching Housing Court. Private landlords are not affected by NYCHA procedures, but should understand that tenants transferring from NYCHA housing or referencing “public housing” protections are subject to a different legal framework.

Nonpayment Proceedings — Rent Only. Under NYC practice and HSTPA, in a nonpayment proceeding a tenant can only be evicted for unpaid rent — not for unpaid late fees, legal fees, attorney’s fees, or any other “added” charges. Any petition that seeks possession for fees beyond rent is subject to dismissal or reduction.

NYC Housing Court — Borough Filing Locations

All residential eviction cases in New York City are filed in Housing Court, which is part of the NYC Civil Court. You must file in the borough where your property is located. Each borough has its own courthouse, judges, and docket.

Help Centers in all boroughs are open Monday through Friday, 9:30 a.m. to 5:00 p.m. Housing Court Answers (HCA) operates information tables at each borough courthouse Monday through Thursday, 9:00 a.m. to 5:00 p.m. (except Staten Island). HCA Hotline: (212) 962-4795.

Filing fees range from $45 for claims under $1,000 to $335 for claims exceeding $5,000. Service of process fees (sheriff: $15 plus mileage; private process server: $75–$150). Service of the Notice of Petition must be completed at least 5 but no more than 12 days before the hearing date.

Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is a criminal misdemeanor under RPAPL § 768. The only entities authorized to physically remove a tenant in NYC are City Marshals.