Eviction

Eviction

Overview

In New York State, an 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. Tenants who are at risk of eviction may protect their interests by contacting an attorney in private practice or with a legal aid or legal services.

 

For a detailed explanation of eviction, eviction based on owner occupancy, and more, see the Fact Sheet section. For an application to refuse to renew a lease and, or proceed to eviction, or the form to alter or demolish occupied rent controlled housing accommodations, see the Forms section. For information about the procedures for refusing to renew a lease on the grounds of demolition, see the Operational Bulletin section.

 

MORATORIUM ON EVICTIONS - UPDATE January 16, 2022

As of January 16, 2022, the Moratorium on Covid-related Residential and Commercial Evictions is no longer in effect. The Governor and the state legislature are exploring other pathways to assist owners and tenants with the resolution of their housing problems and to prevent tenant displacement. This website will be updated once additional information becomes available. Please note the following:
 

  • In New York State, an 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 about to be evicted is advised to contact an attorney in private practice or with a legal aid or legal services agency, to protect their interests.
     

For information on evictions and legal service providers please visit the NY Court website at New York City Civil Court (nycourts.gov) and DHCR Partners - Access Housing Referrals.
 

The Office of Civil Justice at the NYC Human Resources Administration funds free Anti-Eviction Legal Services in the housing courts and community offices across New York City for low-income tenants facing eviction. For information, email [email protected] or call 311.

Frequently Asked Questions

1) Must the owner apply to DHCR to evict a rent regulated tenant before proceeding to court?

Where a tenant fails to pay rent, is causing a nuisance, is damaging the apartment or building, or committing other wrongful acts, the owner may proceed directly to court after the service of the 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. For more information, see Fact Sheet #32.

 

2) May an owner evict a tenant from a rent regulated apartment for owner occupancy?

For rent stabilized apartments and rent controlled apartments both inside and outside of New York City, only one of the individual owners of a building can take possession of only one dwelling unit for personal or immediate family use and occupancy, even if the building has joint or multiple ownership. An owner must establish an immediate and compelling need for the apartment for use as his or her primary residence or as a primary residence for his or her immediate family. For more information, see Fact Sheet #10.

 

Fact Sheets

  •  

    Fact Sheet #11: Demolition

    This Fact Sheet contains information on the requirements that owners must meet in order to evict a rent controlled or rent stabilized tenant on the grounds of demolition.

     

    Download

  •  

    Fact Sheet #32: Eviction

    This Fact Sheet contains information on the grounds for eviction, as well as resources for assistance with questions about court-related matters or free legal assistance.

     

    Download

Forms

Operational Bulletins