Eviction Laws in Rochester, New York
Rochester is the county seat of Monroe County and New York State’s third-largest city, with a population of approximately 209,000. Located on the southern shore of Lake Ontario at the mouth of the Genesee River, Rochester anchors a metropolitan area of over one million people and serves as the economic, cultural, and educational hub of the Finger Lakes region. The city’s demographics are approximately 36 percent White, 36 percent Black, and 20 percent Hispanic. The median household income is approximately $47,000 and about 28 percent of residents live below the poverty line — one of the highest poverty rates among major New York cities. Rochester was ranked the number one most competitive rental market in the United States for the second quarter of 2025, with median rents climbing rapidly and days on market decreasing sharply. The city is home to the University of Rochester and its medical center (one of the region’s largest employers), Rochester Institute of Technology, Nazareth University, and several other colleges. Major employers include the University of Rochester Medical Center, Wegmans Food Markets, Xerox, Paychex, and Constellation Brands. Approximately 63 percent of Rochester’s housing units are renter-occupied — the highest rate among the cities covered in this guide outside of 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 marshal or 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.
Rochester & Monroe County — Local Rules That Affect Landlords
Good Cause Eviction — OPTED IN (Strongest Version). In December 2024, Rochester City Council voted 7 to 2 to opt into the Good Cause Eviction Law, choosing the strongest possible version of the legislation. Rochester’s local law reduces the small landlord exemption from 10 units to just 1 unit — meaning virtually all Rochester landlords with more than one rental unit are covered. Under Good Cause, landlords cannot evict tenants or refuse to renew leases without a statutorily defined “good cause” reason, which includes nonpayment of rent, substantial lease violations, illegal use of the premises, nuisance behavior, refusal to allow necessary access for repairs, owner occupancy, and withdrawal from the rental market. Rent increases above the greater of 10 percent or CPI plus 5 percent (approximately 8.38 percent upstate as of April 2025) can be challenged by tenants as unreasonable. Tenants cannot waive their Good Cause protections — any lease clause attempting to do so is void. Exemptions include units built after 2009, owner-occupied buildings with fewer than 11 units where the landlord owns only one unit total statewide, co-ops, condos, manufactured homes, employee housing, and units that are already rent-stabilized, subsidized, or public housing. Rochester landlords must now establish good cause for every nonrenewal and must justify significant rent increases — a fundamental shift in the landlord-tenant relationship for this market.
No rent control or rent stabilization beyond Good Cause. Rochester has not adopted the Emergency Tenant Protection Act (ETPA). The Good Cause Eviction Law provides the primary tenant protection framework in this market.
Eviction Diversion Resource Center (EDRC). Launched September 30, 2024, the EDRC is the first of its kind in a New York State court located outside of New York City. Located on the Mezzanine Floor of the Rochester Hall of Justice, the EDRC is connected to Rochester Housing Court and operates every Monday and Friday. Monroe County Department of Human Services staff assist tenants with rental assistance applications, SNAP eligibility screenings, childcare resources, and connections to housing advocacy services. The EDRC represents a significant institutional investment in keeping tenants housed and diverting cases from the eviction pipeline — landlords should expect that tenants who appear in Housing Court will have access to these resources and may be better prepared to assert defenses.
Monroe County — Seventh Judicial District. Rochester falls within the Seventh Judicial District. Rochester City Court handles evictions for properties within city limits. The court is located at the Hall of Justice, 99 Exchange Boulevard, Rochester, NY 14614. The Housing Part handles housing code violations and tenant complaints. The Landlord and Tenant Part handles landlord-initiated summary proceedings. Monroe County town courts handle evictions for suburban Monroe County properties — unlike Erie County, Monroe County does not have a centralized HUB Court system, so suburban landlords file and appear in their local town court.
Rochester’s Competitive Rental Market. Rochester was ranked the number one most competitive rental market in the United States for Q2 2025. Median rent is approximately $1,400 to $1,500 depending on the source, with rents rising approximately 14 percent year-over-year in some segments. The vacancy rate in the metro area climbed from 4.9 percent to 6.6 percent in 2025, moving from landlord-favorable to balanced territory. The combination of Good Cause protections and a tightening market creates a complex operating environment — landlords cannot simply raise rents without limit or decline to renew tenants without cause, but demand remains strong enough that well-maintained units in desirable neighborhoods command premium rents.
University Rental Market. The University of Rochester enrolls approximately 12,000 students, and Rochester Institute of Technology adds approximately 16,000 more. Nazareth University, St. John Fisher University, and Roberts Wesleyan University contribute additional demand. The neighborhoods surrounding these institutions — particularly the 19th Ward near U of R, Henrietta near RIT, and the East Avenue corridor — have heavy concentrations of student and young professional renters. Student tenancies follow standard New York law with Good Cause protections now applicable. Guarantor leases are standard practice. The $20 application fee cap (HSTPA) applies to all applicants.
Racial Disparities in Evictions. According to ACT Rochester, in 2022 approximately 50 percent of households in Monroe County were rent-burdened, with 53 percent of rent-burdened tenants living in Rochester. Black and Latino neighborhoods were found to have twice the eviction filing rates of white neighborhoods. Landlords should be aware that eviction patterns in Rochester are closely monitored by advocacy organizations and that housing court judges may scrutinize cases with heightened attention to potential discriminatory patterns.
Free Legal Representation. Legal Assistance of Western New York provides free legal representation for qualifying tenants. Monroe County Department of Human Services offers emergency shelter referrals at (585) 753-6044. The Eviction Diversion Resource Center provides in-court assistance. The Rochester Housing Court has volunteer lawyer programs. A higher percentage of Rochester tenants have legal representation than in many upstate cities, particularly since the launch of the EDRC.
Security Deposits. New York State law (HSTPA 2019, General Obligations Law § 7-108) governs all deposit handling. Maximum deposit is one month’s rent. Must be returned within 14 days of move-out with an itemized statement of deductions. Must be held in an interest-bearing account — tenant receives interest minus a 1 percent administrative fee. Application fees are capped at $20 total, including credit and background check costs. Late fees are capped at the lesser of $50 or 5 percent of monthly rent, with a 5-day grace period required. Rochester does not impose additional local deposit requirements beyond state law.
Rochester City Court — Where Rochester Landlords File
Rochester landlords file summary proceedings (nonpayment petitions and holdover petitions) at Rochester City Court, located at the Hall of Justice, 99 Exchange Boulevard, Rochester, NY 14614. The filing fee for a summary proceeding is approximately $45. Service of the petition is handled through the Monroe County Sheriff’s Office. After judgment, the Monroe County Sheriff executes the warrant — not a city marshal. The sheriff must give the tenant 14 days’ written notice before physical removal (RPAPL § 749(2)). The Eviction Diversion Resource Center on the Mezzanine Floor operates every Monday and Friday to connect tenants with rental assistance and support services. An uncontested nonpayment eviction typically takes 6 to 10 weeks from demand to physical removal. Contested proceedings — particularly those involving Good Cause defenses, habitability counterclaims, or requests for adjournments — can extend to 12 to 16 weeks or longer. Self-help eviction — changing locks, removing belongings, or shutting off utilities without a court order — is a criminal misdemeanor under RPAPL § 768, and only the Monroe County Sheriff is authorized to physically remove a tenant.
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