The New York eviction process is often misunderstood by out-of-state operators who enter the market for the first time and make the same mistake. They treat it as a longer version of what they already know. It is not. New York's eviction framework is governed by the Real Property Actions and Proceedings Law, operates through a specialized court system in New York City that has no equivalent anywhere else in the country, and was significantly restructured by the Housing Stability and Tenant Protection Act of 2019 and then again by the Good Cause Eviction Law in April 2024. The cumulative effect is an eviction process that is procedurally demanding, strategically complex, and unforgiving of shortcuts at any stage.

The bifurcation between New York City and upstate compounds the difficulty. Both operate under the same state statute, but the practical experience of filing and litigating an eviction in Manhattan Housing Court is different enough from filing in an upstate city court that operators managing properties in both environments need two distinct operational frameworks. The timelines differ. The culture of the courts differs. The tenant representation landscape differs. And in NYC, the right to counsel for qualifying tenants means the landlord should expect represented opposition in the majority of contested cases.

New York evictions are governed by the Real Property Actions and Proceedings Law (RPAPL). There are two types of proceedings: nonpayment, where the landlord seeks unpaid rent and possession, and holdover, where the landlord seeks possession on any other grounds. Both require proper predicate notices, court-filed petitions, service under RPAPL §735, and a court judgment before a marshal, sheriff, or constable may execute a warrant of eviction. Self-help eviction is prohibited and exposes landlords to triple damages.

Here is what this guide covers:

1. The two types of proceedings: nonpayment vs. holdover

2. Predicate notice requirements under HSTPA

3. Good Cause Eviction and how it changes the holdover calculus

4. Filing in New York City Housing Court

5. How upstate courts differ in practice

6. Service requirements under RPAPL §735

7. What happens at the hearing

8. The warrant of eviction and execution

9. Hardship stays and tenant defenses

10. What out-of-state operators consistently get wrong

The Two Types of Proceedings: Nonpayment vs. Holdover

Every New York eviction is one of two things: a nonpayment proceeding or a holdover proceeding. Understanding the distinction is not a technicality. It determines the notice required, the defenses available, the landlord's strategic options, and the outcome if the tenant cures.

A nonpayment proceeding is brought under RPAPL §711(2) when a tenant has failed to pay rent when due. The landlord is seeking both a money judgment for unpaid rent and a judgment of possession. In a nonpayment proceeding, the tenant retains the right to cure by paying all rent owed at virtually any point before the warrant of eviction is executed. A tenant who pays in full after judgment but before marshal execution must have the case discontinued. This cure right is unconditional and cannot be waived by lease provision.

A holdover proceeding is brought under RPAPL §711(1) for any ground other than nonpayment: lease expiration, lease violation, illegal activity, owner occupancy, and similar grounds. In a holdover proceeding, the landlord is seeking possession only, not necessarily money. The tenant generally cannot cure by paying rent, because the issue is not money. This is the more complex proceeding, and under the Good Cause Eviction Law, it is the one most affected by the 2024 changes.

The practical significance of this distinction is that the wrong proceeding type cannot be corrected mid-case. A landlord who files a nonpayment case when the real issue is a lease violation has brought the wrong proceeding. A landlord who files a holdover case when the tenant simply stopped paying has chosen a proceeding where the cure right does not apply - which may be the wrong strategic choice if the goal is recovering money rather than removing the tenant.

Predicate Notice Requirements Under HSTPA

Before filing either type of proceeding, the landlord must serve a predicate notice on the tenant. The predicate notice is a condition precedent to filing. A defective notice - wrong form, wrong timeline, wrong service method - results in dismissal.

Most dismissed cases in New York do not fail in court. They fail before filing, at the notice stage.

For nonpayment proceedings, HSTPA created two mandatory predicate notices. The first is a five-day rent reminder under Real Property Law §235-e(d), which must be served when rent is overdue and the lease does not provide a grace period. This reminder is a prerequisite to the 14-day rent demand. The second is the 14-day rent demand itself, which replaced the former three-day notice. The 14-day demand must demand payment of all rent due or surrender of the premises, must be served in the manner required for a petition under RPAPL §735, and must state the exact amount owed.

For holdover proceedings, the required notice depends on the ground and the length of the tenancy. For lease violations, the landlord must typically serve a notice to cure allowing the tenant an opportunity to correct the violation before serving a notice of termination. For lease expiration and other termination grounds, HSTPA established termination notice periods based on tenancy length: 30 days for tenancies of less than one year, 60 days for tenancies of one to two years, and 90 days for tenancies of two years or more.

These HSTPA notice periods apply statewide. Many pre-2019 notice templates are no longer valid. Property managers who inherited or purchased portfolios with existing tenant relationships should audit their notice forms before filing, not after. A notice on a pre-HSTPA template served to a tenant with a two-year tenancy that provides only 30 days' notice will be dismissed.

Good Cause Eviction and How It Changes the Holdover Calculus

The Good Cause Eviction Law, effective April 20, 2024 and codified at Real Property Law Article 6-A, imposes a just cause requirement for evictions and non-renewals of covered tenancies. In New York City, it applies automatically to most unregulated market-rate apartments not otherwise covered by rent stabilization or rent control. Upstate municipalities must affirmatively opt in.

For holdover proceedings on covered tenancies, the landlord must establish a qualifying just cause ground. The enumerated grounds include nonpayment of rent, material lease violations, use for illegal purposes, nuisance, owner or family member occupancy, substantial rehabilitation requiring vacancy, and similar grounds. A landlord who refuses to renew a covered lease without a qualifying ground cannot proceed to a holdover eviction. The law also provides that a rent increase that exceeds the local rent standard - the lower of 10% or 5% plus the consumer price index - can serve as a defense to a nonpayment proceeding, meaning a tenant may have a colorable argument that an excessive rent increase voids the rent obligation.

For property managers with NYC portfolios that include unregulated market-rate units, this means that the lease non-renewal process now requires the same just cause documentation as a regulated tenancy. A notice of non-renewal that does not state a qualifying ground or that is served without the required Good Cause Eviction disclosure under RPL §231-c creates a defective predicate that will be challenged. For a full breakdown of covered tenancies, opt-in municipalities, and the Good Cause grounds, see RIOO detailed guide to New York's Good Cause Eviction Law.

Filing in New York City Housing Court

New York City Housing Court is a specialized civil court within the Civil Court of the City of New York. There are Housing Court parts in all five boroughs, each with its own clerk's office, filing procedures, and judicial culture. Cases are filed in the Housing Court of the borough where the property is located: Manhattan, Brooklyn, Queens, the Bronx, or Staten Island.

To file a nonpayment or holdover proceeding, the landlord submits a Notice of Petition and a Petition to the clerk's office. The Notice of Petition states the time and place the tenant must appear. The Petition states the factual basis for the proceeding and the relief requested. Standardized forms are available from the courts. The petition must comply with RPAPL §741 and must be verified.

At filing, the landlord pays a filing fee and receives a return date - the first court date. In NYC, the return date is typically set several weeks after filing. The parties must then arrange for service of the Notice of Petition and Petition on the tenant, which must be completed within the service window specified in RPAPL §735 and no fewer than ten and no more than seventeen days before the return date.

NYC Housing Court operates on a settlement and adjournment culture that upstate courts do not. At the first court appearance, cases are rarely immediately tried. More commonly, the parties appear before a clerk or judge, the tenant requests an adjournment or raises defenses, and the case is adjourned for a subsequent date. In contested nonpayment cases in NYC, the first appearance often results in a negotiated stipulation - a written settlement agreement entered into the court record - rather than immediate trial. Stipulations in NYC Housing Court are binding and enforceable. A landlord who agrees to a payment plan in a stipulation and then seeks to reinstate the case when the tenant defaults must follow the stipulation's default provisions precisely.

In NYC, tenants facing eviction have a right to counsel if they qualify financially under New York City's Right to Counsel law. In practice, this means a substantial portion of Housing Court tenants in the boroughs are represented by attorneys from legal services organizations. Property managers who appear pro se in NYC Housing Court against represented tenants are at a significant procedural disadvantage. Most NYC eviction practitioners recommend attorney representation for landlords.

How Upstate Courts Differ in Practice

Outside New York City, eviction proceedings are filed in the appropriate local court depending on the type of municipality and the amount in controversy. In cities, cases are filed in City Court. In towns and villages, cases may be filed in Town or Village Justice Court or in the District Courts that serve some suburban areas.

The statutory framework is the same: RPAPL governs the proceeding, the same notice requirements apply, the same two types of proceedings exist. But the practical experience is different in several important respects.

In practice, the New York eviction timeline varies significantly. Upstate courts move faster. A contested eviction in NYC that takes four to six months may resolve in six to eight weeks in a smaller upstate city court. The volume of cases is lower, the backlog is shorter, and cases are more likely to go directly to trial at or shortly after the return date rather than cycling through multiple adjournments.

The tenant representation landscape is thinner upstate. The NYC right to counsel law does not apply outside the five boroughs. Legal aid organizations exist upstate but have less capacity than NYC. Many upstate tenants appear pro se. This changes the dynamics of the first appearance significantly.

The adjournment culture is different. In NYC, an adjournment at the first appearance is nearly universal. In many upstate courts, a landlord who arrives prepared on the return date may receive a judgment the same day if the tenant defaults or if the facts are not in dispute.

That said, upstate courts are not without complexity. Upstate landlords who believe the process is straightforward because it moves faster than NYC sometimes prepare less carefully, produce defective predicate notices, or serve incorrectly and face dismissal. The statutory requirements are identical regardless of geography. Only the court culture and timeline differ.

Service Requirements Under RPAPL §735

Service of the Notice of Petition and Petition must comply with RPAPL §735. This is one of the most litigated technical areas in New York eviction practice. Defective service results in dismissal, and the landlord must restart the process from the predicate notice stage.

Under RPAPL §735, service may be accomplished in three ways. Personal service is delivery of the papers directly to the tenant. Substituted service is delivery to a person of suitable age and discretion at the premises - a household member or co-occupant - combined with mailing copies to the tenant at the premises address within one day of the personal delivery or substituted service. Conspicuous service, sometimes called nail and mail, is affixing the papers to the door of the premises and mailing copies, used only when personal or substituted service cannot be accomplished after a reasonable effort.

Service errors are not rare edge cases in New York. They are one of the most common reasons otherwise valid cases never reach trial.

The person serving the papers must be over 18 and not a party to the case. Many landlords use licensed private process servers in NYC. The server must file an Affidavit of Service with the court no more than three days after service. Errors in the affidavit, incorrect timing, or failure to mail within the required period after door service are common grounds for traverse hearings in which tenants challenge the validity of service.

The service window for petitions is strict: no fewer than ten and no more than seventeen days before the return date. Service outside this window is defective. Property managers who calculate this window incorrectly and serve too early or too late must refile.

What Happens at the Hearing

At the return date, both parties appear before the court. In NYC, the first appearance typically occurs before a court attorney or judge who will attempt to assess whether the case can be settled. If the tenant appears and disputes the proceeding, the court will schedule a trial or subsequent hearing date. If the tenant does not appear, the landlord may seek a default judgment.

At trial, the landlord presents the predicate notice, proof of service, the lease, the rent ledger or other evidence of the grounds for the proceeding, and any other documentation supporting the petition. Common tenant defenses include improper service of the predicate notice, payment of rent, the landlord's failure to maintain habitable conditions (the warranty of habitability under RPL §235-b), rent overcharge for regulated units, retaliatory eviction, and improper notice period.

In a nonpayment proceeding, the landlord seeks both a judgment of possession and a money judgment for the unpaid rent. The court may enter a judgment, condition the judgment on a pay-by date giving the tenant an opportunity to cure, or dismiss if defenses are established. In a holdover proceeding, the landlord seeks a judgment of possession. A money judgment may also be sought in some holdover cases.

If the court enters judgment for the landlord, it issues a warrant of eviction authorizing the marshal, sheriff, or constable to execute the eviction. The warrant does not execute automatically. The landlord must request its issuance and, in NYC, deliver it to a city marshal for execution.

The Warrant of Eviction and Execution

The warrant of eviction is the court document that authorizes physical removal of the tenant. In NYC, warrants are executed by city marshals, not the police or landlord. Upstate, warrants are executed by the county sheriff or a constable.

In NYC, after the warrant is issued, the marshal posts a 72-hour notice on the unit before executing. After the 72-hour period, the marshal returns with the landlord to execute the eviction, changing the locks and, if necessary, removing the tenant's belongings. The landlord's role in the execution is limited to being present. Only the marshal may physically remove the tenant or change the locks.

In a nonpayment proceeding, the tenant retains the right to pay all rent owed plus costs to stop execution of the warrant up until the moment the marshal executes it. Once execution occurs, the warrant cannot be vacated solely by payment. This is a critical operational point: a landlord who has received a nonpayment judgment should not accept partial payment from the tenant after the warrant issues without consulting counsel, as acceptance of rent can waive the warrant.

Upstate execution follows the same legal framework but through the county sheriff rather than a city marshal. Sheriff scheduling varies by county and can add time to the execution stage. Property managers in upstate counties should factor in sheriff scheduling into their timeline projections.

Hardship Stays and Tenant Defenses

HSTPA significantly expanded the hardship stay available under RPAPL §753. In both nonpayment and holdover proceedings statewide, courts may discretionarily stay the issuance of a warrant of eviction for up to one year where the tenant demonstrates hardship — including ill health, a child enrolled in a local school, or other circumstances affecting the ability to relocate. Courts must weigh the hardship on the tenant against the hardship on the landlord.

In NYC, hardship stays are more commonly granted than upstate, and the one-year outer limit is real. Property managers projecting eviction timelines in NYC should understand that even a favorable judgment does not guarantee rapid execution. A tenant who requests a hardship stay and presents credible circumstances can extend the timeline well beyond the judgment date.

Warranty of habitability defenses under RPL §235-b are among the most impactful tenant defenses in nonpayment proceedings. A tenant who raises habitability issues can seek a rent abatement — a judicial reduction in the rent owed — proportionate to the diminished value of the apartment during the period of alleged uninhabitability. If the abatement reduces the amount owed below what the landlord claims, the nonpayment proceeding may be dismissed or the judgment reduced. Landlords with documented repair response histories are in a far better position than those who cannot demonstrate they addressed habitability complaints.

What Out-of-State Operators Consistently Get Wrong

Across portfolios entering New York, these are not edge-case errors. They are predictable failures that appear every time a management team imports procedures from another state without adapting to New York's specific requirements.

Using pre-HSTPA notice templates. The 14-day rent demand, the five-day rent reminder, and the HSTPA termination notice periods replaced pre-2019 forms that are now legally invalid. A landlord who serves a three-day rent demand or a 30-day termination notice to a tenant with a two-year tenancy has served a defective predicate. The case will be dismissed and the clock resets.

Treating the nonpayment and holdover distinction as procedural rather than strategic. These are not equivalent paths to the same outcome. A nonpayment proceeding gives the tenant a cure right. A holdover proceeding requires establishing a qualifying ground. Choosing the wrong proceeding type for the facts of the case results in either dismissal or an outcome the landlord did not intend.

Appearing pro se in NYC Housing Court against represented tenants. The NYC right to counsel has fundamentally changed the balance in Housing Court. A landlord appearing without counsel against a tenant represented by a legal services attorney faces an asymmetric proceeding. Even landlords with clear factual cases lose on procedural grounds when they lack counsel.

Failing to account for Good Cause Eviction in market-rate NYC portfolios. Many operators managing market-rate NYC apartments before April 2024 built their non-renewal and lease expiration workflows around the assumption that no cause was required. That assumption is no longer valid for covered units. Non-renewal notices that do not state a qualifying ground are defective for affected tenancies.

Ignoring the adjournment and stipulation culture in NYC. Operators who project NYC eviction timelines based on the steps from notice to execution underestimate how fundamentally adjournments, stipulated payment plans, and the first-appearance settlement process extend the timeline. A case that looks straightforward at filing may involve three or four court dates before trial and additional dates if a stipulation defaults. In NYC, a realistic nonpayment timeline in a contested case is four to six months minimum.

Assuming upstate operates like a simpler version of NYC. Upstate courts are faster, but the statutory requirements are identical. Operators who under-prepare for upstate cases because they assume informality find that defective notices, wrong service methods, and improper timelines result in dismissals just as readily as in the boroughs.

RIOO's leasing management and contracts and renewals support the notice tracking, lease-end documentation, and tenancy record management that compliance requires. For a comprehensive look at how Good Cause Eviction affects NYC and opted-in upstate markets, see RIOO guide to New York's Good Cause Eviction Law.

Key Takeaways for Property Managers

• New York evictions are governed by the Real Property Actions and Proceedings Law (RPAPL). There are two types: nonpayment proceedings under RPAPL §711(2) and holdover proceedings under RPAPL §711(1). The wrong proceeding type cannot be corrected mid-case

• HSTPA requires a five-day rent reminder and a 14-day rent demand as predicate notices for nonpayment proceedings, replacing the former three-day notice. Holdover termination notices must be 30, 60, or 90 days depending on tenancy length

• The Good Cause Eviction Law effective April 20, 2024 applies mandatorily to most unregulated market-rate units in NYC. Upstate municipalities must opt in. Covered tenancies require a qualifying just cause ground for eviction or non-renewal

• NYC Housing Court operates through five borough courts with a settlement and adjournment culture. Most contested cases involve multiple appearances before trial. In NYC, tenants have a right to counsel if income-qualified, meaning landlords should expect represented opposition in many cases

• Upstate evictions follow the same statutory framework but move faster, typically six to eight weeks for contested cases compared to four to six months in NYC. The tenant representation landscape is thinner upstate

• Service under RPAPL §735 must be by someone over 18 who is not a party, using personal, substituted, or nail-and-mail methods. The service window for petitions is ten to seventeen days before the return date. Defective service results in dismissal

• Only a marshal (NYC) or sheriff/constable (upstate) may execute a warrant of eviction. In NYC, the marshal posts a 72-hour notice before execution. Self-help eviction is prohibited and exposes the landlord to triple damages

• Courts may grant hardship stays of up to one year under RPAPL §753 in both nonpayment and holdover proceedings. NYC courts grant these more frequently than upstate courts

New York Rewards Precision and Punishes Assumptions

New York's eviction system does not reward speed or improvisation. It rewards precision, documentation, and process discipline. If your workflow is correct, the outcome is predictable. If it is not, the process resets.

Property managers who import assumptions from other states, skip notice steps because they seem redundant, or appear unprepared in a courtroom where the tenant is represented by experienced housing counsel will encounter the system's full weight at every stage.

FAQ

What are the two types of eviction proceedings in New York?

Nonpayment proceedings under RPAPL §711(2), where the landlord seeks unpaid rent and possession, and holdover proceedings under RPAPL §711(1), where the landlord seeks possession on grounds other than nonpayment such as lease expiration, lease violation, or illegal activity.

What notice is required before filing a nonpayment eviction in New York?

Under HSTPA, two predicate notices are required: a five-day rent reminder under RPL §235-e(d) and a 14-day rent demand served in the manner required for a petition. The three-day notice formerly used for nonpayment proceedings is no longer valid.

How long are holdover termination notices in New York?

30 days for tenancies of less than one year, 60 days for tenancies of one to two years, and 90 days for tenancies of two years or more, under HSTPA.

Does Good Cause Eviction apply to all New York properties?

No. In NYC it applies automatically to most unregulated market-rate units not covered by rent stabilization or rent control. Upstate municipalities must opt in. Significant exemptions exist including owner-occupied buildings of ten or fewer units and buildings less than 30 years old. Property managers should verify coverage for each specific unit.

How does NYC Housing Court differ from upstate courts?

NYC Housing Court has five borough courts with a settlement and adjournment culture. Contested cases typically take four to six months. Upstate cases follow the same statute but move faster, typically six to eight weeks for contested proceedings. NYC tenants have a right to counsel if income-qualified. Upstate tenant representation is less prevalent.

Can a tenant stop an NYC eviction by paying rent after judgment?

In a nonpayment proceeding, yes — until the moment the marshal executes the warrant of eviction. Once execution occurs, payment alone cannot vacate the warrant. A landlord who accepts rent after the warrant issues without discontinuing the proceeding may waive the warrant.

Who executes a warrant of eviction in New York?

In NYC, a city marshal. Upstate, the county sheriff or a constable. Only these officers may physically remove a tenant. A landlord who changes locks, removes doors, shuts off utilities, or otherwise forces a tenant out without a court-executed warrant is liable for triple damages under RPAPL §853.

What is a hardship stay in New York?

Under RPAPL §753, courts may discretionarily stay the issuance of a warrant of eviction for up to one year in both nonpayment and holdover proceedings where the tenant demonstrates hardship such as illness, children in school, or difficulty finding comparable housing. NYC courts grant hardship stays more frequently than upstate courts.

Note: The information in this article reflects New York eviction procedure under the Real Property Actions and Proceedings Law as of 2026, including HSTPA amendments and the Good Cause Eviction Law effective April 20, 2024. Property managers should verify current statute language at ag.ny.gov and consult qualified New York legal counsel before filing any eviction proceeding, as procedures vary significantly by court and jurisdiction.