Landlord / Tenant Proceedings in NYC
Landlord / Tenant Proceedings in New York City
There is a whole body of law that covers Landlord Tenant Issues in New York.
In New York City, there are many apartments that are regulated by laws known as Rent Stabilization or Rent Control. These laws have statutory protections and rules that apply to both landlords and tenants.
Landlord / Tenant Court Proceedings are referred to
as Summary Eviction Proceedings.
Summary Proceedings are intended to be an expedited court action. This means there are statutory procedures in place whose purpose is to achieve a final court order faster in a landlord / tenant dispute than in other legal lawsuits.
Jurisdiction for Landlord / Tenant Summary Proceedings
in New York City
The New York City Civil Court hears Summary Eviction Proceedings and sets up a Special Part, known as the Housing Part, (Housing Court (or) the Landlord-Tenant Court) to hear such proceedings.
There are two (2) types of Landlord/Tenant Proceedings
1. Nonpayment Proceeding
- If a Tenant is not paying the monthly rent as required by their lease.
- The tenant must be in possession of the Apartment in order for the Landlord to commence a summary nonpayment proceeding.
- If the Tenant is no longer the tenant, and has moved out, the Landlord must commence what is called a plenary action. The Housing Court does not have jurisdiction.
2. Holdover Proceeding
- Commenced by a Landlord if a Tenant is violating specific terms of the lease (ex. Subletting without permission of the Landlord; Causing a Nuisance; Violating a No-Pet Clause in the lease).
Both types of Proceedings have “Pre-Notice Requirements” (notices that must be served to the tenant before it can be bought to Court). After the Notices are properly served, and the time requirements have expired, then a Notice of Petition and Petition are served upon the tenants. The Notice of Petition / Petition are the equivalent of what is commonly known as the Summons and Complaint in other legal proceedings.
The majority of New York City is apartment living, and as a result there are many legal issues Landlords and Tenants encounter every day. This is why there is an entire body of law and a separate part of the New York City Civil Court devoted entirely to Landlord / Tenant issues and disputes.