Nonpayment Cases in NYC Housing Court

To recover unpaid rent from a residential tenant in New York City, you must follow the court process: send the 5-day late-rent notice by certified mail, serve a written 14-day rent demand, then start a nonpayment proceeding in Housing Court, and only a city marshal (or the sheriff) acting on a court warrant can remove a tenant. Changing the locks, removing belongings or shutting off services yourself is an unlawful eviction and a crime.

This guide walks through each step with the New York statute that governs it. It is general information for owners, not legal advice; most owners use a landlord-tenant attorney, and only an attorney, a judge or the court clerk can issue the notice of petition that starts the case.

Before you start: three preconditions

• Your HPD registration is current. HPD’s owner guide says owners who fail to register annually cannot bring any action against tenants in Housing Court, including eviction proceedings. See HPD property registration.
• You are only claiming rent. RPAPL § 702 defines rent as the monthly or weekly amount charged for use and occupancy, and bars fees, charges or penalties other than rent in a summary proceeding, even if the lease says otherwise. Late fees, legal fees and similar charges cannot be added to the nonpayment claim (limited exceptions apply to certain co-ops). Late fees themselves are capped; check them with the late fee checker.
• You know whether Good Cause Eviction covers the unit. The 14-day demand must include the notice required by RPL § 231-c, stating whether the unit is covered by the Good Cause Eviction law and, if exempt, why. See Good Cause Eviction for landlords.

The process, step by step

1. Rent due date

   Rent is not paid

   Keep a rent ledger. RPL § 235-e requires a written receipt for rent paid in cash or by anything other than a personal check.

2. Day 5 after the due date

   Send the late-rent notice by certified mail

   If you have not received rent within five days of the date in the lease, you must send the tenant a written notice of non-receipt by certified mail. If you skip it, the tenant can raise that as an affirmative defense in the nonpayment case.

3. Next

   Serve a written 14-day rent demand

   The demand must give at least 14 days’ notice, ask for payment of the rent or possession of the premises, include the RPL § 231-c Good Cause notice, and be served the way RPAPL § 735 requires.

4. After the 14 days run

   Petition and notice of petition

   If rent is still unpaid, your attorney (or the clerk) issues a notice of petition and you file the petition in NYC Housing Court in the borough where the property is.

5. Service

   Serve the tenant and file proof within 3 days

   Personal delivery, or delivery to a person of suitable age and discretion, or affixing to the door if neither is possible. For the last two, copies must also be mailed by registered or certified mail and regular mail within one day. Proof of service is filed within three days.

6. Within 10 days of service

   Tenant answers

   Where the court’s rules apply § 732, the tenant answers within ten days of service, and the clerk sets a trial or hearing 3 to 8 days after the answer. If the tenant pays the full rent before the hearing, you must accept it, and the case becomes moot (RPAPL § 731(4)).

7. Court dates

   Tenant may get a free lawyer

   NYC’s Right to Counsel program gives tenants facing eviction in Housing Court free legal representation or advice in every ZIP code. Expect to deal with the tenant’s attorney, and be ready to negotiate a written settlement (a stipulation).

8. Decision

   Judgment

   If the tenant does not answer, the court enters a default judgment for you and may stay the warrant up to ten days. If you win after a hearing, the warrant can be stayed only within the limits of §§ 732 and 753.

9. After judgment

   Warrant to a city marshal

   The court issues a warrant to a marshal, stating the earliest date the eviction can happen.

10. At least 14 days before eviction

    Marshal serves notice of eviction

    The marshal must give at least 14 days’ written notice. Evictions take place on business days, between sunrise and sunset.

11. Any time before execution

    Full payment stops it

    The court must vacate the warrant if the tenant pays or deposits the full rent due before the eviction, unless you show the rent was withheld in bad faith. The court can also stay or vacate a warrant for good cause.

Stays and delays you should plan for

Plan for a case to take longer than the shortest statutory timeline. A tenant may ask for time to get an attorney or to apply for emergency rental help such as the HRA One Shot Deal, and since full payment ends a nonpayment case, a realistic payment plan in a settlement can get you paid sooner.

Self-help eviction is illegal

HPD lists illegal lockouts among the forms of tenant harassment, and NYC’s Right to Counsel program expressly covers tenants locked out without a court order. See Illegal lockouts in NYC for the tenant side.

Paperwork checklist for owners

• The lease and any renewals, plus the rent ledger showing each charge and payment (rent only).
• Copy of the 5-day late-rent notice and the certified mail receipt.
• The 14-day rent demand with the § 231-c Good Cause notice, and the affidavit of service.
• Current HPD registration (and, for rent-stabilized units, current DHCR registration).
• Notice of petition, petition and proof of service filed within three days.
• Records of any payments received after the demand, since full payment can end the case.

Related reading

For the full eviction timeline from the tenant’s side, see The NYC eviction process and Got a 14-day rent demand?. For the free lawyer program, see Right to Counsel. For rent increase and non-renewal notices, see NY rent increase and non-renewal notice rules.