New Eviction Laws In New York

The eviction process in New York has undergone significant changes in recent years, impacting both landlords and tenants across the state. These changes stem from a combination of legislative reform and the aftermath of the COVID-19 pandemic, which prompted temporary protections and long-term legal adjustments. Understanding the new eviction laws in New York is essential for anyone involved in rental housing, whether you’re a tenant trying to avoid eviction or a landlord managing rental properties. With updates affecting notice periods, court procedures, and tenant protections, the legal landscape has shifted in ways that continue to influence housing stability.

Background of Eviction Law Reform

In 2019, New York passed the Housing Stability and Tenant Protection Act (HSTPA), a sweeping set of laws that reshaped tenant rights and eviction procedures. The COVID-19 pandemic further accelerated temporary moratoriums and created a heightened focus on housing security. As of 2025, several elements of these reforms remain in effect, while others have evolved or expired. Landlords and tenants must now navigate a more complex legal framework when dealing with housing disputes.

Key Changes in Eviction Procedures

Extended Notice Periods

One of the most impactful changes introduced by the HSTPA and expanded in recent revisions is the requirement for longer notice periods before initiating eviction proceedings. The goal is to give tenants more time to prepare or respond to potential displacement. Here are the updated notice rules for nonpayment of rent or lease termination:

• 14-Day Notice for Nonpayment: Before filing an eviction case for unpaid rent, landlords must serve tenants with a 14-day demand for payment.
• 30/60/90-Day Notices for Termination: Depending on the duration of tenancy, landlords must provide:
• 30 days for tenants who’ve lived there less than one year,
• 60 days for one to two years of tenancy,
• 90 days for more than two years of tenancy.

Required Court Procedures

Under the updated laws, eviction proceedings must follow a stricter judicial process. Landlords must prove that they followed all proper notice protocols, and tenants are entitled to due process at every step. Default judgments are no longer automatically granted if a tenant fails to appear in court judges are encouraged to examine circumstances more thoroughly.

Eviction for Nonpayment of Rent

Eviction for nonpayment remains one of the most common legal actions. However, under current New York eviction law, judges have more discretion in granting or delaying evictions, especially when tenants are making good-faith efforts to pay or are applying for assistance. Courts may issue stays of eviction or offer payment plans in certain cases.

Tenant Protections Under the New Laws

Limits on Rent Increases

In rent-regulated apartments, the new laws prohibit major, sudden rent increases without justification. For market-rate tenants, while landlords may still raise rent, they are required to give advance notice:

• 30 days for increases under 5%
• 60 days for increases between 5%-10%
• 90 days for increases over 10%

This regulation helps tenants avoid ‘constructive evictions’ where rent is raised beyond their means without sufficient warning.

Protection Against Retaliatory Evictions

New York law now includes stronger protections against retaliatory eviction. Landlords cannot evict tenants in response to legal complaints, requests for repairs, or participation in tenant organizations. Courts take retaliation seriously and may dismiss such eviction actions if proven.

Legal Representation in Housing Court

In New York City, the right to counsel in housing court has expanded. Low-income tenants are now eligible for free legal representation under the city’s Universal Access to Counsel program. This has significantly increased tenant success rates in defending against evictions and delays or prevents unnecessary displacement.

Eviction Moratorium and Its Aftermath

While the statewide COVID-19 eviction moratorium officially ended, its effects remain visible. Many cases are still working through backlogged courts, and emergency rental assistance programs (ERAP) have slowed the process further. Courts continue to consider ERAP applications in progress when making decisions, potentially halting eviction proceedings until determinations are made.

Post-Pandemic Tenant Support Programs

New York has continued some of its pandemic-era support programs to address housing insecurity. These include:

• Tenant Safe Harbor Act: Protects tenants who suffered financial hardship during the pandemic from eviction solely for nonpayment of rent.
• Emergency Rental Assistance: Tenants can apply for state-funded rent coverage, which automatically pauses eviction cases upon submission.
• Housing Stability Programs: Local governments offer mediation, counseling, and other support to prevent eviction.

Landlord Responsibilities and Limitations

Alongside tenant protections, landlords also face increased regulation under the new laws. Compliance with notice, documentation, and court procedures is mandatory. Landlords must maintain property standards, respond to repair requests, and avoid harassment or unlawful removal of tenants (also known as ‘self-help evictions’).

Harassment and Penalties

It is now illegal for landlords to attempt to force tenants out through intimidation, threats, or cutting off utilities. Tenants who experience harassment may take legal action, and courts can impose fines or penalties against offending landlords.

Commercial Evictions

The new eviction rules also extend to some commercial properties, particularly small businesses. During and after the pandemic, New York passed temporary protections for small business tenants, including notice requirements and the opportunity to cure lease violations. While many of these protections have expired, the legal landscape remains more tenant-friendly than before.

Good Faith Negotiation Requirements

For some commercial leases, courts now expect both parties to demonstrate good faith negotiation attempts before proceeding with eviction. This encourages resolution through communication rather than immediate litigation.

Future Developments and Legislative Trends

New York continues to explore additional legislation aimed at increasing tenant protections and clarifying landlord obligations. Some proposals include ‘Good Cause Eviction’ laws, which would limit evictions in market-rate units unless landlords demonstrate a legally valid reason. While not yet statewide law, several local jurisdictions in New York have adopted such measures.

Technology and Online Filings

Another trend is the modernization of the court process, including digital filings and virtual hearings. This change benefits accessibility, but also requires both landlords and tenants to adapt to new systems and technology.

The new eviction laws in New York have dramatically altered the balance between tenant protections and landlord rights. Longer notice periods, stronger due process in court, expanded tenant legal support, and clearer procedures all reflect a more regulated housing environment. For landlords, compliance is more complex but essential. For tenants, the laws offer greater stability and security. Staying informed about current legal requirements is critical to avoiding costly mistakes and ensuring fair treatment for all parties involved in rental housing across New York.