Eviction

Eviction

Eviction
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OVERVIEW

In New York State, eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means. Any tenant who believes they are subject to eviction is advised to protect their interests by contacting an attorney in private practice or with a legal aid or legal services.

FAQs

  • Is an owner required to apply to the Office of Rent Administration (ORA), before proceeding to court to evict a rent regulated tenant?
    If a tenant fails to pay rent, causes a nuisance, damages the apartment or building, or commits other wrongful acts, the owner may begin eviction proceedings in court after serving proper notices.

    Some special grounds, such as the owner seeking to demolish the building, do require that the owner first receive approval from DHCR. To obtain DHCR approval the owner should file form RA-54, Owner's Application for Order Granting Approval To Refuse Renewal Of Lease And/ Or To Proceed For Eviction.

 

  • Can the owner of a rent regulated apartment evict a tenant for owner occupancy?
    Yes. However the owner must apply for a certificate of eviction from ORA prior to proceeding to court to evict a rent controlled tenant. If the owner requires an apartment occupied by a rent stabilized tenant, the owner need not apply to ORA, but may proceed directly to court after serving the tenant proper notices. In both cases there are protections for senior citizens and disabled persons against eviction for owner occupancy. See Fact Sheet #10: Eviction from an apartment based on owner occupancy. Also see form RA-54,

 

  • Can a rent-regulated tenant staying in a nursing home for an extended period of time be evicted?This situation is reviewed by the courts and is decided on a case-by-case basis. The matter is not under the jurisdiction of ORA. Historically, the courts have included as part of their consideration the length of time spent in the nursing home, evidence of an intention to return to the apartment, the tenant's medical prognosis and whether the tenant's possessions have been removed from the apartment.

Fact Sheets

Forms

Operational Bulletin

Opinion Letter

Policy Statement