Housing Court in New York: How Eviction Cases Work, How Papers Are Served, and What to Do When the Tenant Can't Be Found

What Is Housing Court in New York?

Housing Court is a specialized court that handles disputes between landlords and tenants. It covers nonpayment of rent, evictions, lease violations, and repair disputes. In New York City, Housing Court operates in all five boroughs. Outside New York City, housing cases are handled by local civil and district courts.

Housing Court only handles matters involving residential property. If you are dealing with a commercial property dispute, that goes to Civil Court.

Two types of cases make up the majority of Housing Court proceedings:

• Nonpayment cases are brought by landlords when a tenant has not paid rent. Before filing, the landlord must provide the tenant with a written 14-day notice to pay or vacate. If the tenant does not pay within that period, the landlord can file a nonpayment petition in Housing Court.
• Holdover cases are brought when a landlord wants to remove a tenant for reasons other than nonpayment such as lease expiration, lease violations, illegal sublet, or nuisance. Different notice requirements apply depending on the reason.

In both types of cases, the landlord cannot remove a tenant without going through the court process. Self-help eviction changing locks, removing belongings, or shutting off utilities without a court order is illegal in New York and constitutes a Class A misdemeanor.

Official NYC Housing Court information: NYC Housing Court 

Official Nassau County Housing information: Nassau County Court 

Official Suffolk County Housing information: Suffolk County Court 

Official New York State Court Locator: Find Your Local Court 

 

How to Start a Housing Court Case in New York

Before a landlord can file in Housing Court, certain notices must be delivered to the tenant first. Skipping these steps or delivering them incorrectly will result in the case being dismissed.

For a nonpayment case the landlord must first send a written 5-day reminder by certified mail that rent was not received, then follow with a written 14-day notice to pay or vacate. If the tenant pays the full amount within those 14 days the landlord cannot proceed with the eviction.

For a holdover case the landlord must serve a written notice to terminate the tenancy. The length of notice required depends on how long the tenant has lived there 30 days for tenancies under one year, 60 days for one to two years, and 90 days for tenancies over two years.

Once the required notices have been served, the landlord files a Notice of Petition and Petition at the Housing Court clerk's office in the county where the property is located. The clerk assigns an index number and returns the Notice of Petition to the landlord.

The landlord is then responsible for serving both the Notice of Petition and the Petition on the tenant. Service must be made by someone who is not a party to the case and must be completed at least 10 days before the court date but no more than 17 days before.

The tenant must be served at the address of the rental property. If the tenant has vacated and cannot be located, the situation becomes more complicated, we cover that in the next section.

What Happens When the Tenant Cannot Be Found?

Service of the Notice of Petition and Petition must be completed before your Housing Court case can proceed. If the tenant has moved out, left no forwarding address, or is actively avoiding service, you have a problem that needs to be solved before your court date.

New York law requires that Housing Court papers be served correctly and on time. If service is not completed properly, the case will not move forward and the court may dismiss it.

If you cannot locate the tenant, there are a few things to understand:

• If the tenant has completely vacated the premises, a nonpayment proceeding generally cannot be maintained against someone who has already left. However, if you are owed back rent and want to pursue a money judgment, you may need to convert the matter to a Civil Court case, and you still need a current address to serve the defendant.
• If the tenant is still believed to be at the property but is avoiding service, a licensed process server or private investigator can assist with locating the person and confirming their presence at the address.
• If the tenant has moved to an unknown address, a licensed private investigator can conduct a skip trace or tenant locate to find their current verified address. Without a confirmed address, you cannot complete service and your case will stall.

Easton Secure Solutions conducts tenant locates and address verification for Housing Court matters throughout New York City, Nassau County, and Suffolk County. If your case is stalled because a tenant cannot be found or served, contact us before your court date.

What Happens After the Case Is Filed?

Once the Notice of Petition and Petition have been properly served, both the landlord and tenant must appear in Housing Court on the date listed on the Notice of Petition.

At the first court appearance several things can happen. The parties may reach a settlement agreement called a stipulation. The case may be adjourned to a later date. Or the case may proceed to a hearing before a judge.

• If the tenant does not appear and service was completed properly, the judge may enter a default judgment in favor of the landlord. A default judgment in a nonpayment case can result in a judgment of possession and a warrant of eviction being issued.
• If the landlord wins the case, the court issues a Warrant of Eviction. The landlord then delivers the warrant to a New York City Marshal in the five boroughs, or the Sheriff in counties outside New York City. Before the eviction can be executed, the marshal or sheriff must serve the tenant with a Notice of Eviction giving at least 14 days notice.

Important: Even after a Warrant of Eviction is issued, only a marshal or sheriff can carry out the physical eviction. A landlord cannot remove a tenant, change locks, or remove belongings without the marshal or sheriff present. Doing so is illegal regardless of what the court has ordered.

About This Guide

This guide was prepared by Easton Secure Solutions LLC, a private investigation firm licensed by the New York Department of State, Division of Licensing Services. We primarily serve clients throughout New York City, Nassau County, Suffolk County, and New York State. For court-related locate and skip tracing work, we also assist clients with matters extending beyond New York State when the investigation requires it.

This page is general information about Housing Court in New York. It is not legal advice. Court procedures change, local rules vary by county, and your individual case may have facts that affect what steps apply to you. If you have a specific legal question about your situation, consult a licensed New York attorney.