Landlord-Tenant Attorney in New York City
Representing landlords and tenants in Housing Court proceedings across Manhattan, Brooklyn, Queens, the Bronx, and Staten Island.
Overview
What This Practice Covers — and Who Needs It
Landlord-tenant law in New York City is among the most complex and heavily regulated areas of American property practice. The framework combines state law (the Real Property Law, the Real Property Actions and Proceedings Law, and the 2019 Housing Stability and Tenant Protection Act), the 2024 Good Cause Eviction Law, New York City's rent stabilization and rent control regimes, and the procedural rules specific to New York City Housing Court. Mishandling any piece of it — a missed notice deadline, a defective rent demand, an improper petition — can cost a landlord a winnable case or cost a tenant a valid defense.
Yazdi Law represents both landlords and tenants in New York City Housing Court matters. On the landlord side, we handle non-payment proceedings, holdover proceedings, owner's use cases, nuisance cases, and Good Cause Eviction Law compliance. On the tenant side, we defend against evictions, litigate habitability and repair issues, pursue rent overcharge claims in rent-stabilized housing, and address retaliation and discrimination. Our office is at 261 Madison Avenue in Midtown Manhattan, and we appear in Housing Court parts across all five boroughs. We handle matters in both English and Farsi. If you are dealing with a landlord-tenant dispute, call (917) 565-7286 — statutory deadlines in these proceedings are strict, and early intervention typically produces better outcomes.
Legal Foundation
The Legal Framework
New York landlord-tenant law operates on multiple layers. Understanding which layer applies to a given apartment is often the threshold question in any case.
Summary proceedings under the RPAPL
Most residential eviction cases in New York City are summary proceedings governed by the Real Property Actions and Proceedings Law (RPAPL). Under RPAPL § 711(1), a landlord may commence a holdover proceeding against a tenant whose lease has expired, been terminated, or whose continued occupancy otherwise violates the lease. Under RPAPL § 711(2), a landlord may commence a non-payment proceeding against a tenant who has failed to pay rent after receiving a 14-day written rent demand. The content of the petition is governed by RPAPL § 741, and service of the notice of petition is governed by RPAPL § 735. Each provision has specific requirements — improperly drafted notices or defectively served petitions are routinely dismissed.
The HSTPA and its procedural changes
The Housing Stability and Tenant Protection Act of 2019 (HSTPA) substantially reshaped procedure in these cases. Notice of non-renewal or rent increase periods were extended under Real Property Law § 226-c to 30, 60, or 90 days depending on the length of the tenancy. The rent demand period was extended to 14 days. The answer-to-petition timeline was modified. The warrant of eviction process was changed, including the timing and method of execution. For rent-stabilized housing, the HSTPA dramatically expanded overcharge lookback periods and eliminated high-rent deregulation. Many pre-HSTPA strategies no longer work, and pre-HSTPA form notices have been voided by courts.
The Good Cause Eviction Law
Effective April 20, 2024, the Good Cause Eviction Law (Real Property Law Article 6-A) added a new layer of protection for covered tenants. Under the law, a landlord cannot evict a tenant or refuse to renew a lease without good cause as defined in the statute. The law also presumptively caps rent increases at the lower of 10% or 5% plus the local Consumer Price Index. The law applies to New York City automatically and may be adopted by other municipalities. Significant exemptions apply — including small landlords owning 10 or fewer units, newly constructed buildings, rent-regulated units, owner-occupied small buildings, and units above statutory rent thresholds. Every predicate notice in a covered case must now include the Real Property Law § 231-c disclosures identifying whether the unit is covered and, if so, the basis for any non-renewal or increase.
Rent stabilization
Approximately half of New York City's rental housing is rent-stabilized. Rent-stabilized tenants have substantial protections including mandatory lease renewals, rent increases capped annually by the New York City Rent Guidelines Board (for leases beginning October 1, 2025 through September 30, 2026, the RGB approved 3% for one-year renewals and 4.5% for two-year renewals), succession rights for family members, and robust defenses in eviction proceedings. Overcharge claims are adjudicated either in Housing Court or before the New York State Division of Housing and Community Renewal (DHCR).
The warranty of habitability
Under Real Property Law § 235-b, every residential lease in New York contains an implied warranty of habitability requiring the landlord to maintain the premises in a condition fit for human habitation. Breaches of the warranty — including pest infestation, lack of heat or hot water, mold, unsafe conditions, and substantial disrepair — give tenants a rent abatement defense and, in some cases, affirmative claims for damages and repairs. The warranty cannot be waived.
How It Works
The Process, Step by Step
A typical Housing Court proceeding follows this path.
Pre-commencement notice
Before filing, the landlord must serve the appropriate predicate notice — a 14-day rent demand under RPAPL § 711(2) for non-payment cases, a termination notice with the required statutory period for holdover cases, or a non-renewal notice for lease-expiration cases. Under RPL § 231-c (added as part of the Good Cause Eviction Law), every predicate notice must now include disclosures about whether the unit is covered by Article 6-A, the basis for non-renewal if applicable, and the rationale for any rent increase. Defective notices are routinely raised as defenses and often result in dismissal.
Commencement of the proceeding
After the notice period expires, the landlord files a Notice of Petition and Petition in the appropriate Housing Court — typically the Civil Court of the city of New York in the borough where the premises are located. The petition must comply with RPAPL § 741, identifying the premises, the relationship of the parties, the basis for the proceeding, the rent claimed (if any), and the required statutory disclosures. Service of the Notice of Petition must comply with RPAPL § 735, including the specific substituted-service and conspicuous-place-service procedures.
The tenant's response
Tenants may answer the petition orally at the first court appearance or in writing in advance. Defenses and counterclaims may be raised, including improper notice, defective petition, rent overcharge, breach of habitability, procedural defects in service, discrimination, retaliation, and — for Good Cause Eviction-covered apartments — lack of qualifying good cause. Tenants are strongly encouraged to appear; failure to appear typically results in a default judgment and warrant of eviction.
Settlement conferences and litigation
Housing Court proceedings typically involve multiple appearances, initial settlement discussions, and — if settlement cannot be reached — discovery and trial. Many cases resolve through stipulation agreements at the first or second appearance. Stipulations may involve payment plans for back rent, time to cure lease violations, surrender dates, or other negotiated terms. For rent-regulated tenants, stipulations must not waive statutory protections, and some waivers are unenforceable as against public policy.
Judgment and warrant
If the landlord prevails at trial or by default, the court issues a judgment of possession and, after the statutory period, a warrant of eviction. The warrant is executed by a New York City marshal, not by the landlord or police. Under RPAPL § 749 and related provisions, specific notice and execution procedures apply. Stays of the warrant are available in certain circumstances under RPAPL § 753, particularly where the tenant can show hardship or a basis for post-judgment relief.
Realistic timeline
Non-payment cases typically resolve in two to four months when uncontested. Holdover cases take three to six months for straightforward situations. Contested cases involving rent stabilization, Good Cause Eviction defenses, or substantial discovery can take a year or more. Post-judgment stays and hardship applications can add further time. Settlement at any court appearance is possible and often faster than continuing the proceeding.
What to Watch For
Common Pitfalls and How We Avoid Them
Landlord-tenant cases are won and lost on procedural specifics. Common mistakes include the following.
Defective predicate notices
A rent demand served without the 14-day period properly computed, without the RPL § 231-c disclosures, or by an improper method frequently results in dismissal of the later petition. Landlords who use pre-HSTPA or pre-Good Cause form notices without updating them to include current required disclosures routinely lose cases that would otherwise succeed.
Mishandling rent stabilization
Landlords who attempt to evict rent-stabilized tenants without understanding the additional procedural protections, DHCR requirements, and enhanced defense framework often fail. Tenants in rent-stabilized housing who accept settlements without understanding their rights can unknowingly waive protections with long-term consequences. Rent overcharge analysis under the HSTPA's expanded lookback rules is specialized work.
Self-help eviction
Changing locks, removing belongings, shutting off utilities, or otherwise attempting to force a tenant out without a warrant is illegal under RPAPL § 853 and exposes the landlord to triple damages, restoration orders, and attorneys' fees. Even in situations where the landlord is legally right on the underlying dispute, self-help can transform a winnable eviction into a losing case with financial consequences.
Missing Good Cause Eviction coverage analysis
The Good Cause Eviction Law's coverage determination is fact-specific — it depends on the number of units in the building, the ownership structure, the construction date, and the rent level. Landlords who assume their units are exempt without confirming are exposed to dismissal and tenant damages claims. Tenants who assume they are not covered may miss significant defenses. Coverage analysis at the outset of the case is essential.
Failing to appear in Housing Court
Tenants who do not appear at the return date almost universally suffer default judgments and warrants of eviction within weeks. Many valid defenses — including improper service, defective notices, and habitability claims — are simply lost when not raised timely. Even tenants who cannot pay the rent demanded should appear in court, where negotiated payment plans, hardship stays, and emergency rental assistance options may be available.
Free Consultation
Facing a landlord-tenant dispute? Discuss your case with an experienced New York housing court attorney. Call today.
Contact Us NowPricing
Costs and What's Included
Attorney fees for landlord-tenant matters at Yazdi Law depend on the specific type of case, the complexity of the issues involved, and whether the matter is straightforward or contested. Common fee structures include flat fees for uncontested non-payment petitions, hourly billing for contested litigation, and limited-scope representation for specific tasks such as drafting a predicate notice or reviewing a stipulation before signing. The fee structure is discussed openly at the initial consultation and set out in a written retainer agreement before any work begins.
Representation generally includes review of the lease and relevant documents, drafting or reviewing predicate notices, preparing and filing or answering the petition, appearances at all court dates for the matter, settlement negotiations with opposing counsel or pro se parties, drafting and reviewing stipulations, and, for contested cases, preparing and conducting trial. Court filing fees and marshal fees are separate from attorney fees and are typically paid by the party pursuing the relief.
At the consultation we provide a candid assessment of the case, likely outcomes, and realistic fee expectations based on the specific situation. Many landlord-tenant matters can be resolved efficiently when addressed promptly and properly; delay and procedural error are often what make cases expensive.
FAQ
Frequently Asked Questions
How long does a landlord-tenant case take in New York City Housing Court?
What is the Good Cause Eviction Law and does it apply to my apartment?
Can I be evicted for not paying rent in New York?
What defenses can a tenant raise in an eviction case?
Schedule a Consultation
If you are a landlord facing a rent default, lease violation, or holdover situation — or a tenant who has received a notice, petition, or eviction warning — call Yazdi Law at (917) 565-7286 or request a consultation online. Our Midtown Manhattan office is at 261 Madison Avenue, Suite 1035, two blocks from Grand Central Terminal. Initial consultations are free. Representation is available in English and Farsi.
Request a Consultation
Share your details and we'll respond within one business day.
Disclaimer: The information on this page is for general informational purposes and does not constitute legal advice. Statutory citations, court procedures, and regulatory guidance reflect New York law as of the date of publication and may change. Every matter is unique; prior results do not guarantee a similar outcome; and outcomes depend on specific facts and circumstances. Contacting Yazdi Law does not create an attorney-client relationship. Attorney Advertising.