New York Eviction Defense: What to Do From the First Notice Through Court

Start with the type of case

New York residential eviction cases generally fall into two broad categories: nonpayment proceedings, where the landlord claims rent is owed, and holdover proceedings, where the landlord claims the right to occupy has ended or a substantial lease obligation was violated.

Do not assume the landlord’s paperwork is correct. The type of notice, timing, service, allegations, rent ledger, lease status, housing program, rent regulation, and local rules can all matter.

• Keep every notice and the envelope.
• Write down the date and method of service.
• Save your lease, renewals, receipts, bank records, subsidy records, texts, emails, repair requests, inspection reports, and photographs.
• Attend every court appearance unless the court specifically tells you otherwise.

Nonpayment cases

A New York residential nonpayment case generally requires a written 14-day rent demand before the court case is filed. Separate statutory notice rules may also apply when rent is more than five days late.

• Compare the amount demanded with your own payment records.
• Check whether fees were improperly included as rent.
• Preserve proof of subsidy payments, rental assistance applications, or payment attempts.
• If conditions were unsafe or services were not provided, ask a housing attorney whether habitability claims or abatements apply.

Holdover cases

A holdover case can involve lease expiration, termination notices, alleged lease violations, nuisance allegations, licensees, occupants, owner-use claims, or other possession theories. The required notices and defenses depend heavily on the facts.

• Read the predicate notice line by line.
• Check the lease and renewal history.
• Determine whether rent stabilization, Good Cause Eviction, public housing, Section 8, succession, roommate, disability, or anti-retaliation protections may apply.

After a judgment

A landlord cannot personally carry out a lawful residential eviction. Court process and an authorized marshal, sheriff, or constable are ordinarily required. Emergency relief may be available through an Order to Show Cause or other application depending on the court and posture of the case.