Counel

Housing conflicts in New York City

New York City Housing Court handles more occupancy disputes than any other court system in the United States. Spread across five borough locations, each with its own procedures and culture, Housing Court is procedurally strict, heavily calendared, and tenant-protective — which means landlords and self-represented litigants lose weeks to paperwork errors that a single attorney review could have prevented.

NYC distinguishes between several types of occupancy proceedings, each with its own statute, notice requirement, and petition form. A nonpayment proceeding under RPAPL § 711(2) requires a 14-day written rent demand before filing, and it's the right path when a tenant on a lease stops paying rent. A holdover proceeding under § 711(1) covers tenants whose lease has ended or who are violating the lease — and requires a Notice of Termination (30, 60, or 90 days depending on the length of tenancy). A licensee holdover under RPAPL § 713(7) is the correct proceeding when someone occupies the space with the owner's permission but without a lease and without paying rent — the required notice is a 10-day Notice to Quit.

Enforcement in New York City is handled by city marshals, not sheriffs. After a Warrant of Eviction is issued, RPAPL § 749 requires the marshal to serve it and then wait a minimum of 14 days before executing. Self-help evictions — changing locks, removing belongings, or cutting utilities without a court order — are illegal in New York and expose landlords to significant liability including tenant counterclaims for damages.

Topics we cover in New York City

Guest overstayed welcome

Guest Overstayed Welcome in New York City

In New York, the line between a houseguest and a legal tenant is not defined by paperwork — it's defined by time and circumstance. If someon…

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Roommate won't leave

Roommate Won't Leave in New York City

New York has some of the strongest tenant protections in the country. If your roommate won't leave your NYC apartment, removing them legally…

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Squatter removal

How to remove a squatter in New York City: the legal process landlords must follow.

A squatter who has been in a New York City property for 30 days or more has acquired enough occupancy status that NYPD will not remove them …

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Security deposit

NYC security deposit rules for landlords: what changed in 2019 and what's required now.

The Housing Stability and Tenant Protection Act of 2019 fundamentally changed NYC security deposit rules. The maximum deposit was capped at …

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Eviction timeline

How long does an eviction take in New York City? (2026 timeline)

NYC Housing Court is one of the slowest eviction jurisdictions in the United States. An uncontested nonpayment case — where the tenant files…

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Eviction cost

How much does an eviction cost in New York City? (2026 breakdown)

The most common question landlords ask before starting an NYC eviction: how much will this actually cost? The short answer depends entirely …

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Lease violation

NYC lease violations: the notices you must serve before you can evict.

When a New York City tenant violates their lease — unauthorized sublet, pet in a no-pet building, property damage, illegal activity — the la…

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Eviction process

The NYC eviction process: a complete step-by-step guide for 2026.

New York City Housing Court processes more eviction cases than any other court system in the United States — and it is widely recognized as …

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Tenant not paying rent

NYC tenant not paying rent: how to start a nonpayment proceeding.

When a New York City tenant stops paying rent, the legal path is specific — a 14-day written rent demand followed by a nonpayment petition i…

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Roommate Holdover

NYC roommate holdover: which case you actually have — and why it matters.

In NYC Housing Court, there are two different proceedings for removing a roommate — and filing the wrong one is the single most common reaso…

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Local resources

NYC Housing Court — Manhattan

Filings for Manhattan properties

111 Centre Street, New York, NY 10013

NYC Housing Court — Brooklyn

Filings for Brooklyn properties

141 Livingston Street, Brooklyn, NY 11201

NYC Housing Court — Queens

Filings for Queens properties

89-17 Sutphin Boulevard, Jamaica, NY 11435

NYC Housing Court — Bronx

Filings for Bronx properties

1118 Grand Concourse, Bronx, NY 10456

NYC Housing Court — Staten Island

Filings for Staten Island properties

927 Castleton Avenue, Staten Island, NY 10310

Housing Court Answers

Free help line for tenants and landlords

NYS Courts Access to Justice Program — DIY Forms

Free forms for small owner petitions, licensee holdovers, roommate holdovers

Legal Aid Society — Civil Practice

Free legal help for income-eligible New Yorkers

Frequently asked questions

How much does it cost to file a case in NYC Housing Court?
The filing fee for both nonpayment and holdover petitions is $45, paid to the Clerk of the Civil Court by cash, certified check, or money order. Add a process server (typically $50–125) and, if you go all the way to execution, marshal fees that usually range from $135 to $200. A self-represented landlord using the free DIY forms can complete an uncontested case for around $250–400. An attorney-handled case typically adds $1,500–4,000 depending on complexity.
Which Housing Court do I file in?
Always file in the Housing Court of the borough where the apartment is physically located: 111 Centre Street (Manhattan), 141 Livingston Street (Brooklyn), 89-17 Sutphin Boulevard (Queens), 1118 Grand Concourse (Bronx), or 927 Castleton Avenue (Staten Island). Filing in the wrong borough causes dismissal. The Access to Justice DIY programs automatically route to the correct court based on your address.
Who actually evicts the tenant — a sheriff?
Not in NYC. After a Warrant of Eviction is issued, a city marshal carries out the eviction. Under RPAPL § 749, the warrant must be served on the occupant and then there is a minimum 14-day waiting period before the marshal can execute it. City marshals are not police officers and cannot remove a tenant without a court-issued warrant. Self-help lockouts are illegal in New York and are a common source of tenant counterclaims.
Does my tenant qualify for a free lawyer?
Many NYC tenants qualify for free legal representation in Housing Court through the city's Right to Counsel program, which covers tenants at or below 200 percent of the federal poverty level in most boroughs. This means unrepresented landlords often face tenant-side attorneys, which has significantly lengthened typical case timelines and increased the importance of clean paperwork on the landlord side.
Disclaimer: The information on this page is general legal information only and does not constitute legal advice. Laws vary by jurisdiction and change frequently. Individual circumstances may significantly affect outcomes. Always consult a licensed attorney for guidance on your specific situation.