New York Eviction Process: Notice & Good Cause Protections

Evicting a tenant in New York is one of the most heavily regulated processes in the United States. Governed primarily by the Real Property Actions and Proceedings Law (RPAPL), which became effective September 1, 1963, the state's procedural requirements—amplified by the 2024 Good Cause Eviction Law—create a lengthy, court-driven process designed to protect tenants from arbitrary displacement.

Good Cause Eviction

Effective April 20, 2024, the Good Cause Eviction Law (codified in RPL Article 6-A) applies in New York City and any other municipality that opts in. It requires landlords to demonstrate a legally defined "good cause" to evict a tenant or refuse to renew their lease.

Enumerated "Good Causes" Include:

• Non-payment of rent (but only if the demanded increase was "reasonable").
• The tenant is causing a nuisance or engaging in illegal activity.
• The tenant refuses access for necessary repairs.
• The landlord intends to demolish or substantially renovate the building (with specific conditions).
• The landlord or their immediate family member intends to occupy the unit personally.

What This Means for Landlords

If your property is covered by the Good Cause Eviction Law, you can no longer simply decline to renew a lease at its expiration. You must prove one of the enumerated causes and provide the appropriate notice as required under RPL § 226-c.

Pre-Eviction Notices

Non-Payment of Rent: The 14-Day Demand

Before filing a non-payment proceeding under RPAPL § 711(2), the landlord must serve a 14-day written demand for rent. The notice must state the amount of rent owed and the approximate period during which the rent accrued. If the tenant pays the amount owed within the 14 days, the landlord cannot proceed.

Holdover: Termination Notices

For non-rent-related evictions (lease expiration, lease violations, etc.), the required notice period depends on the tenant's length of occupancy under RPL § 226-c:

This sliding scale was established by the HSTPA and applies statewide for month-to-month tenancies and tenancies at will.

The Court Process

All evictions in New York go through Housing Court (a part of the Civil Court of the City of New York) or local City, District, or Town and Village Courts (outside NYC).

1. Filing the Petition: After the notice period expires, the landlord files a petition and notice of petition with the court.
2. Service: The tenant must be properly served with the petition.
3. The Hearing: Both parties appear before a judge. Tenants have the right to an attorney, and in NYC, low-income tenants have access to free legal counsel through the "Right to Counsel" program.
4. The Judgment & Warrant: If the landlord prevails, the court issues a judgment of possession and a warrant of eviction (RPAPL § 749). Even after the warrant issues, the tenant generally has at least 14 days before a marshal or sheriff can execute the eviction.

Self-Help Evictions: Strictly Illegal

No matter how far behind on rent a tenant may be, a New York landlord may never:

• Change the locks.
• Shut off utilities or services.
• Remove the tenant's belongings.
• Block access to common areas.
• Use threats, intimidation, or harassment.

These actions constitute illegal lockouts under RPAPL § 768, and the tenant can call the police, obtain an emergency court order, and sue the landlord for significant damages.

Rent-Stabilized Tenant Protections

Rent-stabilized tenants have even stronger protections under the Emergency Tenant Protection Act (ETPA). Landlords must renew the lease upon expiration (at the RGB-approved rate), and eviction is limited to an even narrower set of causes, such as the landlord's personal occupancy (owner use) with stringent verification requirements.

How Landager Helps

Landager tracks lease terms, HSTPA deadline compliance, and security deposit interest - making it easy to handle your property portfolio while staying compliant with New York regulations.

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