Eviction Laws in Newburgh, New York
The City of Newburgh is a Hudson River city of approximately 28,900 in Orange County, directly across the river from Beacon and connected by the Newburgh-Beacon Bridge. It is a young, majority-Hispanic, and heavily renter community — roughly 65 percent of households rent, the median age is just under 34, and it is one of the poorest cities in New York State. Renters are severely cost-burdened, spending on average close to 47 percent of their income on rent, with a median renter income of only about $34,500 against a citywide median household income near $57,000. The housing stock is old and architecturally significant: the median construction year is 1941, nearly half of all units predate 1940, and Newburgh contains one of the largest historic districts in New York State (the East End Historic District), a remarkable but long-distressed collection of Victorian and brownstone buildings that is now drawing renewed investor interest as costs rise in nearby Beacon and New York City.
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.
Newburgh & Orange County — Local Rules That Affect Landlords
Good Cause Eviction — Opted In Under the Strongest Version. On September 9, 2024, the Newburgh City Council unanimously adopted a local Good Cause Eviction law under the strongest available terms: it defines a “small landlord” as anyone who owns no more than one rental unit anywhere in New York State, so the protections reach nearly all private landlords. For covered units, a tenant who pays rent and follows the lease is generally entitled to a renewal, a landlord must establish a legally recognized “good cause” to evict or refuse renewal, and tenants may challenge rent increases above the lower of 10 percent or 5 percent plus CPI. Units renting above 345 percent of HUD fair market rent for Orange County are exempt. (Newburgh had a local Good Cause law as far back as 2022, but it was struck down as conflicting with state law; the 2024 state-authorized version now stands.) Landlords should assume coverage and plead and prove good cause in any holdover unless a specific exemption clearly applies.
Rent Stabilization (ETPA) — Adopted, Struck Down, and Being Re-Pursued. Newburgh was the second upstate city, after Kingston, to adopt the Emergency Tenant Protection Act, declaring a housing emergency on December 18, 2023 after a vacancy study found a rate of 3.93 percent — a step that immediately froze rents in eligible buildings. In April 2024, however, an Orange County Supreme Court struck the adoption down, finding the city’s vacancy study used incorrect and imprecise data and lacked a rational basis. As a result, rent stabilization is not currently in force in Newburgh. The city has been working on a second vacancy study in an effort to opt back in, so landlords should verify the current legal status before assuming any unit is or is not stabilized, as ETPA could be reinstated.
High-Poverty, Severe-Rent-Burden Market. Newburgh is among New York’s poorest cities, and its renters are exceptionally cost-burdened. A large share rely on Housing Choice 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 voucher or other lawful income source is illegal. Given the deep affordability pressure, coordinating with county and nonprofit rental-assistance programs when a tenant falls behind can be more effective than filing.
Historic & Distressed Housing Stock. With a median construction year of 1941 and nearly half of units built before 1940 — much of it within the sprawling East End Historic District — the overwhelming majority of Newburgh rentals predate the 1978 lead-paint cutoff. Federal lead-paint disclosure is mandatory, and the city enforces its housing and property-maintenance codes actively amid a significant vacant-building problem. Aging and sometimes deteriorated systems make warranty-of-habitability defenses (RPL § 235-b) common in contested cases, so proactive maintenance and documentation are essential — and historic-district properties may carry additional preservation-related requirements.
City Court & the 9th Judicial District. Newburgh falls within the Ninth Judicial District. Evictions for rental premises inside the city are filed at Newburgh City Court. After judgment, the Orange 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.
Free Legal Help. Legal Services of the Hudson Valley provides free civil legal assistance to qualifying low-income tenants in Orange County, and the Ninth Judicial District Court Help Center offers procedural guidance for unrepresented parties. Tenant-organizing groups such as For the Many are active in Newburgh.
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. Newburgh does not impose additional local deposit requirements beyond state law.
Newburgh City Court — Where Newburgh Landlords File
Newburgh landlords file summary proceedings (nonpayment petitions and holdover petitions) at Newburgh City Court, 300 Broadway, Newburgh, NY 12550. General phone: 845-483-8100. The court sits in the Ninth Judicial District (Orange County). The filing fee for a summary proceeding is approximately $45. After judgment, the Orange 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 and habitability defenses, which are common given the city’s older stock — can extend to 12 to 16 weeks or longer. Self-help eviction is a criminal misdemeanor under RPAPL § 768, and only the Orange County Sheriff is authorized to physically remove a tenant.
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