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To start a nonpayment case, the landlord/owner must give you court papers called a Notice of Petition and Petition. The Notice of Petition tell you the date, time and place (courtroom or Part) when you have to come to court. The court date must be between 10 and 17 days after you get the court papers.

In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.

In principle, the landlords mean business. If they don't make money in time, there is no point in renting a home. Therefore, this is their first and foremost right. If payments are not submitted timely, the landlord is entitled to initiate the legal process of eviction immediately.

By law, owners may not deny prospective tenants housing because of race, color, religion, nationality, gender, sexual orientation, age, marital status, disability, immigrant status, source of income, or legal occupation. Furthermore, tenants may not be denied housing because children may or will be residing with them.

New York Unlawful Eviction Law Explained: Under New York City Administrative Code Section 26-521, it is unlawful to evict or attempt to evict an occupant of a residential unit, who has: Occupied the premises for 30 consecutive days, OR. Entered into a leave with respect to such residence, OR.

Tenants in New York cannot be denied based on past legal conflicts with a landlord (for example, if they have previously sued a landlord). Landlords in New York are also not allowed to charge any additional fees for the processing, review, or acceptance of an application.