Eviction

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.

For information on evictions and legal service providers please visit the NY Court website at nycourts.gov and our Housing Resources and Referrals page.

Housing Resources and 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.

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, her, or their primary residence or as a primary residence for his, her, or their immediate family. For more information, see Fact Sheet #10.

3) Does DHCR have to be served with a copy of a Notice of Eviction for an apartment subject to rent control before the owner can proceed to court?

Except where the reason for eviction is nonpayment of rent, the building owner must first give written notice to the tenant and the DHCR District/ Borough Rent Office. Within 48 hours after the Notice of Termination is served on the tenant, an exact copy of the notice and an affidavit of service shall be filed with the District/Borough Rent Office. The 48-hour period does not include any intervening Saturday, Sunday, or legal holiday.