Fact
Sheet #32 - Eviction
Introduction
In New York State, an eviction of a tenant is lawful only if an owner has
brought a court proceeding and obtained a judgement 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 to protect their interests.
Tenant Information
Some tenants may qualify for free or discounted legal assistance. The following
resources are available.
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The Legal Aid Society (www.legal-aid.org)
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Legal Services NYC (www.legalservicesnyc.org)
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NYS Bar Association Lawyer Referral and Information
Service (www.nysba.org)
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Law Help NY is an on-line tool that assists low-income
New Yorkers in resolving their legal problems
To search for legal assistance by
zip code, log on to (www.lawhelp.org/ny)
Tenants may also want to contact the Housing Court in their
county or the marshal. The following resources are available.
Housing Courts
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Bronx - 1118 Grand Concourse
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Brooklyn - 141 Livingston Street
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Manhattan - 111 Centre Street
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Queens - 89-17 Sutphin Boulevard
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Staten Island - 927 Castleton Avenue
For assistance with questions about legal information, the court system
in general, or any court-related matter, you can send an e-mail to question@courts.state.ny.us,
or you can call 1-800-COURTNY.
For contact information and FAQs about Marshals in New York City, go to
www.nyc.gov and the link to the Department of Investigations (DOI), or call
311.
Owner Information
All owners and their legal representatives should carefully review the sections
of the rent regulations applicable to the situation that is causing them
to contemplate initiating an eviction proceeding. Certain eviction situations
require the approval of the DHCR, prior to proceeding to court, while others
do not. Certain situations require the filing of termination notices in specified
time frames, while others do not.
Small building owners can contact the Small Building Owner Assistance Unit
at Gertz Plaza, 92-31 Union Hall Street, Jamaica, New York 11433 if they
need information and assistance in understanding these various regulations.
Grounds for Eviction
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Non-payment
of rent - the owner does not need the approval of DHCR before
initiating a court proceeding and does not need to serve the tenant
with a termination notice within a specified time frame.
-
The
rent regulations identify other grounds for which an owner may initiate
eviction proceedings based on the wrongful acts of a tenant which do
not first need the approval of DHCR. However, these other grounds do
require that the owner first serve the tenant with a termination notice,
again within a specified time frame. In addition, if the tenant is in
a rent-controlled apartment, a copy of the termination notice must be
filed with DHCR.
Some of these grounds are:
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failure to cure a violation of a substantial obligation
of the tenancy
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damaging the housing accommodation
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refusing the owner access to make needed repairs
Example - damaging the housing accommodation
The tenant, Mr. Wilson, has been using heavy machinery in the apartment,
damaging the ceiling and walls and interfering with the comfort and safety
of the other tenants.
The owner, Ms. Jamison, in accordance with the parties' lease, should serve
Mr. Wilson with a notice, describing the problem in detail, and telling him
that he is required to rectify the problem. This is known as a "Notice
to Cure."
If uncured, the owner has to serve the tenant with a Termination Notice
at least 7 calendar days in advance of the date that he wants the tenant
to surrender possession.
After the required time period stated in the termination notice has elapsed,
the owner may commence legal proceedings.
Some of these grounds are:
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occupancy by the owner or member of the owner's immediate family. (See
Fact Sheet #10)
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recovery of the unit by a not for profit institution for use in
connection with its charitable or educational purposes.
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In New York City, the tenant is not using the unit as a primary residence.
Example - primary residence
The owner, Mr. Smith, believes the tenant, Mr. Jones, is not using his apartment
as his primary residence. The owner must notify the tenant in writing that
a lease renewal offer will not be made and this termination notice must be
served at least 90 and not more than 150 days prior to the expiration of
the lease. The owner must also give a 30 day notice to the tenant of his
intention to commence a court action. The two notices can be combined.
As long as Mr. Smith served these notices during the proper time periods,
he can proceed to take Mr. Jones to court to seek eviction as DHCR has no
authority to intervene. Any objection a tenant may have to the adequacy of
the notice of non-renewal or to the validity of the owner's claim can only
be asserted in court.
This fact sheet contains a basic overview and summary of this topic. For
detailed information, please reference the sources cited below.
Sources
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Tenant Protection Regulations, Sections 2503, 2504
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New York City Rent Stabilization Code, Sections 2523, 2524
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New York City Rent and Eviction Regulations, Section 2204
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New York State Rent and Eviction Regulations, Section 2104
For
more information or assistance, call the DHCR Rent InfoLine (718-739-6400)
or visit your Borough or County Rent Office.
DHCR
Version 12/18/08
RGB Page Updated 12/30/08
