If you only remember one point about how eviction works in New York, remember this: New York requires RPAPL Article 7 summary proceedings (nonpayment and holdover) in Housing Court / Civil Court (NYC) or City/District/Town/Village courts upstate, depending on locality.. Rent demands, predicate notices (e.g., Golub/notice of nonrenewal where required), and notices to cure/terminate must satisfy RPAPL and lease/rent-regulation overlays; New York City HSTPA rules often add extra steps. Procedure, examples, and the opinions below hang off N.Y. Real Prop. Acts. Law Art. 7 (summary proceedings). After predicate notice, landlord files a petition and notice of petition; answer and trial follow on an accelerated calendar; warrant of eviction issues after judgment if the tenant does not vacate.
Where the case is filed
Eviction actions in New York are filed in Housing Court / Civil Court (NYC) or City/District/Town/Village courts upstate, depending on locality.. Service must follow New York rules — personal service, substitute service, or posting/mailing combinations as authorized. Improper service can void a default judgment.
Walking through New York facts
Use this walkthrough to see which New York authority does the work at each step.
A residential landlord in New York wants possession after unpaid rent and cannot use a lockout.
- Give the notice New York actually requires: Rent demands, predicate notices (e.g., Golub/notice of nonrenewal where required), and notices to cure/terminate must satisfy RPAPL and lease/rent-regulation overlays; New York City HSTPA rules often add extra steps.
- File RPAPL Article 7 summary proceedings (nonpayment and holdover) in Housing Court / Civil Court (NYC) or City/District/Town/Village courts upstate, depending on locality. under N.Y. Real Prop. Acts. Law Art. 7 (summary proceedings).
- Prove the tenancy, the ground, and proper notice. Tenant defenses include: Warranty of habitability, improper rent demand/notice, rent overcharge, HP actions, succession, and rent-stabilization defenses in covered units.
- If the landlord prevails, possession is enforced by writ — Self-help lockouts are illegal; unlawful eviction can support criminal and civil liability (RPAPL 768 / Penal Law). Only a marshal/sheriff warrant authorizes removal.
After predicate notice, landlord files a petition and notice of petition; answer and trial follow on an accelerated calendar; warrant of eviction issues after judgment if the tenant does not vacate.
Hearing, judgment, and writ of possession
After service, the tenant usually has a short window to answer. At hearing the landlord must prove the landlord-tenant relationship, the ground for eviction, proper notice, and (for nonpayment) the rent due. If the landlord prevails, the court issues a judgment for possession and, after any statutory waiting period, a writ of possession executed by the sheriff or constable — not by the landlord personally.
Tenant defenses in New York
Warranty of habitability, improper rent demand/notice, rent overcharge, HP actions, succession, and rent-stabilization defenses in covered units.
Habitability, retaliation, and discrimination defenses can convert a simple nonpayment case into a longer civil action. Tenants asserting habitability should document repair requests; landlords facing those defenses should document inspections and cure efforts.
Self-help is not a shortcut
Self-help lockouts are illegal; unlawful eviction can support criminal and civil liability (RPAPL 768 / Penal Law). Only a marshal/sheriff warrant authorizes removal.
Illegal lockouts can expose landlords to statutory damages, attorney's fees, and even criminal penalties in some jurisdictions. The lawful path is notice → RPAPL Article 7 summary proceedings (nonpayment and holdover) → writ.
Practical tips
- Calendar every notice and answer deadline; eviction timelines are intentionally short.
- Bring the lease, ledger, notices, and proof of service to the first hearing.
- Search New York opinions for “RPAPL Article 7 summary proceedings (nonpayment and holdover)”, “writ of possession”, and “notice to quit” on LawDiver before a contested trial.
- Subsidized, mobile-home, and hotel-to-housing arrangements may follow different notice statutes — verify the housing type.
Case law: eviction and landlord-tenant in New York
PK Restaurant, LLC, Doing Business as 212 Restaurant and Bar, Appellant-Respondent, v. Ira Lifshutz Et Al
…dismiss the breach of contract, constructive eviction, and unlawful detainer claims against them and the declaratory judgment claim as against Lifshutz, and denied the part of the motion seeking to dismiss the tortious interference with contractual relations and specific performance claims and the declaratory judgment claim as against Realty, and to cancel plaintiff’s notice o…
On eviction / landlord-tenant, PK Restaurant, LLC, Doing Business as 212 Restaurant and Bar, Appellant-Respondent, v. Ira Lifshutz Et Al speaks to the New York dispute in this passage: "dismiss the breach of contract, constructive eviction, and unlawful detainer claims against them and the declaratory judgment claim as against Lifshutz, and denied the part of the motion seeking to dismiss the tortious interference with contractual relations and specific performa" The surrounding opinion shows how the court applied that language to the record.
Bank of N.Y. Mellon v. DeMatteis
Bank of N.Y. Mellon v. DeMatteis, 2023 NY Slip Op 05242 (2023)
…a law, entry of judgment and a writ of possession following unlawful detainer proceedings extinguished all legal and equitable interests that the debtor had in the property at issue prior to the filing of the bankruptcy proceeding]; Cook v Huey, 506 BR 174, 176 [ND NY 2013] [valid pre-petition foreclosure sale divested the debtors of any legal or equitable interests they had in…
Bank of N.Y. Mellon v. DeMatteis is worth reading on New York eviction / landlord-tenant because the court put the point in its own words: "a law, entry of judgment and a writ of possession following unlawful detainer proceedings extinguished all legal and equitable interests that the debtor had in the property at issue prior to the filing of the bankruptcy proceeding]; Cook v Huey, 506 BR 174, 176 [ND NY 2013] [vali" Use that passage as the starting point, then read the facts that precede it.
Ida Applegate Drake v. John Cunningham
Ida Applegate Drake v. John Cunningham, 127 A.D. 79 (1908)
…ease his only son and heir at law should bring an action of unlawful detainer, and the tenant in defense should introduce wliat purported to be a will made by the landlord, devising the real estate to some third party, and the record of the proper court probating that will, together with an attornment to such devisee — within the cases cited such testimony would be competent. W…
On eviction / landlord-tenant, Ida Applegate Drake v. John Cunningham speaks to the New York dispute in this passage: "ease his only son and heir at law should bring an action of unlawful detainer, and the tenant in defense should introduce wliat purported to be a will made by the landlord, devising the real estate to some third party, and the record of the proper court probating that will, toget" The surrounding opinion shows how the court applied that language to the record.
Leonard Saccheri, Jr. v. Cathedral Properties Corp.
Leonard Saccheri, Jr. v. Cathedral Properties Corp., 184 Misc. 2d 304 (2000)
…r in constructive possession at the time of the forcible or unlawful detainer” (RPAPL 713 [10]). Thus, petitioner’s “standing” to maintain this proceeding does not depend on his status as a former owner of the shares but on his having been in constructive possession, through his subtenant, at the time of the allegedly unlawful detainer (see, Lowman v Sprague, 73 Hun 408; 2 Dola…
New York opinions such as Leonard Saccheri, Jr. v. Cathedral Properties Corp. are cited where eviction / landlord-tenant is disputed. The court stated: "r in constructive possession at the time of the forcible or unlawful detainer” (RPAPL 713 [10]). Thus, petitioner’s “standing” to maintain this proceeding does not depend on his status as a former owner of the shares but on his having been in constructive possession, through his" That is the language to brief; the rest of the decision supplies the procedural posture.
Frank Cudar v. Elizabeth O'Shea
Frank Cudar v. Elizabeth O'Shea, 37 Misc. 3d 35 (2012)
…ty lacks merit as the owner is not the party committing the unlawful detainer. We have examined occupants’ other contentions and find them to be similarly lacking in merit. Thus, as petitioner established his prima facie case and occupants failed to show the existence of a triable issue of fact, the final judgment is affirmed. Weston, J.P, Pesce and Aliotta, JJ., concur.
Practitioners open Frank Cudar v. Elizabeth O'Shea when New York eviction / landlord-tenant turns on the distinction in this sentence: "We have examined occupants’ other contentions and find them to be similarly lacking in merit. Thus, as petitioner established his prima facie case and occupants failed to show the existence of a triable issue of fact, the final judgment is affirmed. Weston, J." Do not lift it out of the facts the court was deciding.
SASSE v. COHEN
SASSE v. COHEN, 128 N.Y.S. 654 (1911)
…t he testified that he asked some unidentified man, not the tenant, but who was with the tenant’s attorney, for the rent. Obviously such proof is entirely nugatory. The trial justice gave judgment for the landlords, on the authority of Moore v. Coughlin, 127 App. Div. 810, 111 N. Y. Supp. 856. That case decided only that: “In the strict practice which prevailed at the common la…
On eviction / landlord-tenant, SASSE v. COHEN speaks to the New York dispute in this passage: "Obviously such proof is entirely nugatory. The trial justice gave judgment for the landlords, on the authority of Moore v. Coughlin, 127 App. Div. 810, 111 N. Y. Supp. 856." The surrounding opinion shows how the court applied that language to the record.
Frederick Viglietta v. Alain Lavoie
Frederick Viglietta v. Alain Lavoie, 33 Misc. 3d 36 (2011)
…r in constructive possession at the time of the forcible or unlawful detainer; no notice to quit shall be required in order to maintain a proceeding under this subdivision.” The only allegation in the petition as to petitioner’s interest in the subject property is that “the Premises were purchased by all parties involved.” He also alleged, however, that respondents “are the rec…
New York opinions such as Frederick Viglietta v. Alain Lavoie are cited where eviction / landlord-tenant is disputed. The court stated: "The only allegation in the petition as to petitioner’s interest in the subject property is that “the Premises were purchased by all parties involved." That is the language to brief; the rest of the decision supplies the procedural posture.
Ulf W. Runquist v. Robert A. Koeppel
Ulf W. Runquist v. Robert A. Koeppel, 146 Misc. 2d 569 (1990)
…r in constructive possession at the time of the forcible or unlawful detainer. *571From the facts as delineated in petitioners’ motion papers it appears petitioner Schwartz was not in actual possession of the apartment. The conversations between petitioner Schwartz and respondents’ attorney on the morning of January 8, 1990 indicate she intended to occupy the premises, indicati…
On eviction / landlord-tenant, Ulf W. Runquist v. Robert A. Koeppel speaks to the New York dispute in this passage: "From the facts as delineated in petitioners’ motion papers it appears petitioner Schwartz was not in actual possession of the apartment." The surrounding opinion shows how the court applied that language to the record.
Key takeaways
- Process name: RPAPL Article 7 summary proceedings (nonpayment and holdover).
- Primary authority: N.Y. Real Prop. Acts. Law Art. 7 (summary proceedings).
- Filing forum: Housing Court / Civil Court (NYC) or City/District/Town/Village courts upstate, depending on locality..
- Notice: Rent demands, predicate notices (e.
- Self-help lockouts: Self-help lockouts are illegal; unlawful eviction can support criminal and civil liability (RPAPL 768 / Penal Law).
The New York eviction / RPAPL Article 7 summary proceedings (nonpayment and holdover) framework
After predicate notice, landlord files a petition and notice of petition; answer and trial follow on an accelerated calendar; warrant of eviction issues after judgment if the tenant does not vacate.
Exact deadlines vary by county practice, service method, and whether the tenant answers. Commercial leases and subsidized housing can add federal or program-specific rules on top of New York law.
Notice requirements before filing
Rent demands, predicate notices (e.g., Golub/notice of nonrenewal where required), and notices to cure/terminate must satisfy RPAPL and lease/rent-regulation overlays; New York City HSTPA rules often add extra steps.
A defective notice is one of the most common reasons an eviction is dismissed without prejudice. Landlords should match the notice form and timing to the ground for eviction (nonpayment vs. cureable breach vs. no-cause termination where allowed). Tenants should keep the envelope, text, email, and posting photos.
Frequently asked questions
How does eviction work in New York?
New York uses RPAPL Article 7 summary proceedings (nonpayment and holdover) under N.Y. Real Prop. Acts. Law Art. 7 (summary proceedings). After predicate notice, landlord files a petition and notice of petition; answer and trial follow on an accelerated calendar; warrant of eviction issues after judgment if the tenant does not vacate.
How much notice does a landlord have to give?
Rent demands, predicate notices (e.g., Golub/notice of nonrenewal where required), and notices to cure/terminate must satisfy RPAPL and lease/rent-regulation overlays; New York City HSTPA rules often add extra steps.
Can a landlord change the locks without going to court?
Self-help lockouts are illegal; unlawful eviction can support criminal and civil liability (RPAPL 768 / Penal Law). Only a marshal/sheriff warrant authorizes removal.
What defenses can a tenant raise?
Warranty of habitability, improper rent demand/notice, rent overcharge, HP actions, succession, and rent-stabilization defenses in covered units.