New York Eviction Defense Guide

Facing Eviction in New York?

New York has the strongest tenant protections in the country — including the 2024 Good Cause Eviction Law that covers most NYC tenants. Understanding RPAPL § 711 notice requirements and your Housing Court rights can stop an unlawful eviction.

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Good Cause Eviction Law (2024) — NYC and Covered Municipalities

New as of April 20, 2024 (Real Property Law § 231-b)

New York's Good Cause Eviction Law requires landlords in covered municipalities to show "good cause" to evict a tenant — not just lease expiration. NYC is automatically covered. Other cities and towns may opt in. Rent increases above the local rent guidelines can be challenged as "unreasonable."

What "Good Cause" Means

•Non-payment of rent (actual good cause)
•Substantial violation of lease terms
•Nuisance or illegal activity
•Landlord requires unit for personal use (with notice)
•Substantial rehabilitation requiring vacancy
•Unit is condemned or hazardous

NOT Good Cause (Landlord Cannot Evict For)

✗Lease expiration alone (no other basis)
✗Refusing to pay an unreasonable rent increase
✗Retaliation for complaints to housing authorities
✗Organizing with other tenants
✗Exercising any legal right as a tenant

Covered vs. exempt units: Good Cause Eviction does NOT apply to: owner-occupied buildings with 10 or fewer units, condos, co-ops, seasonal housing, units with rents above 245% of the area fair market rent, or units already covered by rent stabilization or rent control.

RPAPL § 711 — Required Eviction Notices

Before filing a holdover or non-payment proceeding in Housing Court, landlords must serve specific notices under RPAPL § 711. Defects in these notices are a complete defense to eviction.

14-Day Rent Demand (Non-Payment)

For non-payment evictions, the landlord must serve a written rent demand giving the tenant at least 14 days to pay or surrender the unit. The demand must state the exact amount owed. An oral demand alone is insufficient.

Defense: If the demand overstates the amount owed, demands fees not owed, or was not properly served, this is a defense.

30-Day Termination Notice (Month-to-Month / No Lease)

To terminate a month-to-month tenancy of less than one year, the landlord must give 30 days notice. For tenancies of 1–2 years, 60 days. For tenancies over 2 years, 90 days (RPL § 226-c).

Defense: If the landlord gives insufficient notice or serves it improperly, the holdover proceeding cannot proceed.

10-Day Notice to Cure

For lease violations, landlords must serve a notice to cure giving the tenant at least 10 days to remedy the violation before serving a notice of termination.

Defense: If the tenant cures the violation within the notice period, the eviction cannot proceed on that basis.

Predicate Notice Service Requirements

Notices must be served by: personal delivery, delivery to a person of suitable age and discretion plus mailing (substitute service), or conspicuous placement (nail and mail). Service must be completed at the correct address.

Defense: Improper service — even of a valid notice — can be a complete defense.

New York Housing Court Process

Landlord files petition and notice of petition

The landlord files in Housing Court (NYC Civil Court, Housing Part — or local district/city court outside NYC). You receive a Notice of Petition and Petition stating the grounds for eviction and the court date.

Respond by filing an Answer

You must file a written Answer raising all defenses on or before your first court date. Do NOT ignore the papers — failure to appear can result in a default judgment and warrant of eviction. The Answer is filed at the Housing Court clerk's office.

First court appearance

At the first appearance, the judge may inquire about settlement, schedule a trial, or address preliminary motions. In NYC Housing Court, you can access a Housing Court Answers program for free assistance.

Discovery and motions

If the case is contested, there may be discovery (exchange of documents) and motion practice. Tenants can move to dismiss for defective notices, improper service, or retaliatory eviction.

Trial

At trial, the landlord must prove their grounds for eviction. You may present evidence, cross-examine witnesses, and raise defenses. The judge issues a judgment.

Warrant of Eviction

If the landlord wins, the court issues a warrant of eviction. In NYC, a City Marshal (not the landlord) executes the warrant. You must receive at least 14 days notice before physical eviction, and you can seek a stay from the court.

Common Defenses to Eviction in New York

Defective Notice

Wrong amount demanded, insufficient notice period, or improper service method.

Rent Payments Made / Tender

You paid the rent or offered to pay and landlord refused — a complete defense in non-payment proceedings.

Retaliatory Eviction

Eviction filed within one year of a complaint to a housing agency or rent organizing activity (RPL § 223-b). Raises a presumption of retaliation.

Warranty of Habitability Breach

Landlord failed to maintain the unit in a livable condition (RPL § 235-b). Can reduce rent owed.

Discriminatory Eviction

Eviction based on race, national origin, disability, source of income, familial status, or other protected class under NYC Human Rights Law.

Good Cause Eviction Violation

For covered units, landlord lacks good cause or is attempting an unreasonably high rent increase (RPL § 231-b).

Improper Party / Standing

Landlord is not the registered owner, has not registered with HPD (NYC), or is not in compliance with rent registration requirements.

Rent Stabilization Violations

For rent-stabilized units, landlord failed to provide required lease renewals, charged excess rent, or violated DHCR regulations.

Free Legal Help in New York

Right to Counsel — NYC

nyc.gov/site/hra/help/legal-assistance.page

Income-eligible NYC tenants in Housing Court have a right to free legal representation.

Legal Aid Society (NYC)

212-577-3300

Free legal services for low-income NYC residents in Housing Court.

Legal Services NYC

917-661-4500

Free housing legal help across all five NYC boroughs.

Housing Court Answers (NYC)

housinganswers.org

Free information tables in NYC Housing Courts. Help with Answer forms.

NY State Bar Lawyer Referral

1-800-342-3661

Low-cost attorney referral statewide.

Empire Justice Center (Upstate NY)

585-454-4060

Free legal help for tenants outside NYC including Rochester and Buffalo.

Respond to Your Eviction

New York Eviction Defense Documents

Get a complete eviction defense packet — Housing Court Answer form, defenses checklist, motion to dismiss for defective notice, and plain-English filing instructions for New York Housing Court.

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For informational purposes only. Not legal advice. Consult an attorney for your specific situation.