Starting a Housing Court case in New York City takes more than filling out forms. A landlord may need to give written notice, wait the required time, file the correct papers, and make sure the tenant is properly served. A New York City landlord attorney can help a property owner understand which rules apply before the case begins.
In legal terms, starting a case is called commencing an action. For landlords, the first step is figuring out what type of Housing Court case fits the problem.
Determine What Type of Case to File
Two common landlord cases are nonpayment and holdover proceedings. A nonpayment case is used when a tenant still lives in the apartment but has not paid rent. The landlord may ask the court for the unpaid rent and, in some cases, possession of the apartment.
A holdover case is generally used when the landlord wants the tenant or another occupant to leave for a reason other than simple nonpayment. This may include staying after a lease ends, violating an important lease term, creating a nuisance, or remaining in the property after the right to occupy it has ended.
Give the Required Written Notice
A landlord usually cannot go straight to Housing Court. Before starting a nonpayment case, the landlord must give the tenant a written rent demand. The demand must generally give the tenant at least 14 days to pay the overdue rent before filing the court case.
Holdover cases can involve several different notices. In some cases involving the end of a tenancy, the tenant may be entitled to 30, 60, or 90 days’ notice depending on how long they have lived there and the type of tenancy. Other holdover situations may require a notice to cure, notice of termination, or notice to quit.
Landlords must also determine whether New York’s Good Cause Eviction law applies. Covered tenants have added protections against eviction and certain rent increases. Landlords may also have additional notice requirements under the law when starting or ending a tenancy.
File the Housing Court Papers
After the required notices and waiting periods have been completed, the landlord can prepare the court case. The main papers generally include a Notice of Petition and Petition. These documents identify the parties and apartment, explain why the case is being brought, and state what the landlord wants the court to order.
The papers are filed with Housing Court in the county where the property is located. After filing and paying the required fee, the case receives an index number.
Serve the Tenant
The tenant must then receive copies of the Notice of Petition and Petition. The landlord cannot personally serve these papers. They may be served by someone who is at least 18 years old and is not a party to the case.
Service may involve personal delivery, delivery to another suitable person followed by mailing, or conspicuous-place service after the required attempts are made. The person who serves the papers must complete proof of service and return it to the court.
What Happens After the Case Starts?
Housing Court cases commonly begin in a Resolution Part, where the landlord and tenant may try to reach an agreement. If the dispute cannot be resolved, the case may move forward for further hearings or a trial. Because notice, filing, and service rules can differ depending on the property and reason for the case, following the correct procedure from the start is important, and an experienced landlord attorney can help.