New York Eviction Law at a Glance
State Statute
N.Y. Real Prop. Acts. Law §711; N.Y. Real Prop. Law §226-c — New York Real Property Actions and Proceedings Law / Housing Stability and Tenant Protection Act
Notice Periods
- Nonpayment: 14-Day Demand for Rent
- Lease violation: 10-Day Notice to Cure
- Unconditional: 30-Day Notice of Termination (Under 1 Year) / 60-Day (1-2 Years) / 90-Day (Over 2 Years)
- End of tenancy: 30/60/90-Day Notice Based on Tenancy Length
Available Defenses
- Habitability (N.Y. Real Prop. Law §235-b)
- Retaliation (N.Y. Real Prop. Law §223-b)
- Procedural defects
- Partial payment waiver
- Discrimination (Fair Housing Act)
Right to Cure
YES — Tenant has 14 days to pay past-due rent; 10 days to cure lease violations; notice period varies by tenancy length for no-fault evictions
Self-Help Eviction
PROHIBITED — Landlord must use court process (N.Y. Real Prop. Acts. Law §768)
Court & Filing
Housing Court (NYC) or City/Town/Village Court
Landlord must file in Housing Court (NYC) or appropriate local court — specialized housing courts in NYC
Complaints: New York Attorney General Consumer Frauds Bureau
Additional Protections
- Housing Stability and Tenant Protection Act (2019) dramatically expanded tenant rights
- Notice period for termination scales with tenancy length: 30/60/90 days
- NYC rent-stabilized and rent-controlled tenants have extensive additional protections
- Good cause eviction protections in effect for many jurisdictions
- Self-help eviction is a criminal misdemeanor
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New York Eviction Response FAQ
How many days do I have to respond to an eviction notice in New York?
In New York, the response deadline depends on the type of eviction notice: Nonpayment: 14-Day Demand for Rent; Lease violation: 10-Day Notice to Cure; Unconditional: 30-Day Notice of Termination (Under 1 Year) / 60-Day (1-2 Years) / 90-Day (Over 2 Years); End of tenancy: 30/60/90-Day Notice Based on Tenancy Length. Missing your deadline can result in a default judgment and forced move-out.
What defenses can I raise against eviction in New York?
Available defenses in New York include: Habitability (N.Y. Real Prop. Law §235-b), Retaliation (N.Y. Real Prop. Law §223-b), Procedural defects, Partial payment waiver, Discrimination (Fair Housing Act). The availability depends on your specific circumstances.
Does New York require landlords to give tenants a right to cure?
Yes. Tenant has 14 days to pay past-due rent; 10 days to cure lease violations; notice period varies by tenancy length for no-fault evictions
Can my landlord evict me without going to court in New York?
No. Under N.Y. Real Prop. Acts. Law §768, self-help eviction is prohibited in New York. Your landlord must file in Housing Court (NYC) or City/Town/Village Court and obtain a judgment.
What should I include in an eviction response letter in New York?
Your letter should: (1) identify the notice by date and type, (2) cite N.Y. Real Prop. Acts. Law §711; N.Y. Real Prop. Law §226-c, (3) assert applicable defenses, (4) demand proper legal procedure, (5) state your intent to defend in court, and (6) be sent via certified mail.
Where can I file a complaint against my landlord in New York?
File complaints with the New York Attorney General Consumer Frauds Bureau and the U.S. Department of Housing and Urban Development (HUD). For illegal self-help eviction, contact local law enforcement.
Eviction Response Letters by State
Select your state to see your specific protections.