What Is Landlord–Tenant Court?
New York City’s Landlord–Tenant Court (officially called Housing Court) is part of the Civil Court of the City of New York. It handles disputes between property owners and tenants involving rent, repairs, lease violations, and evictions.
Every borough has its own Housing Court, and cases are heard by Housing Court Judges or Court Attorneys who specialize in landlord–tenant law.
Common Types of Cases
Most cases that appear in NYC Housing Court fall into one of two categories:
- Nonpayment Cases
- Filed when a tenant owes rent.
- The landlord asks the court to order payment or start an eviction if rent remains unpaid.
- Holdover Cases
- Filed when the landlord wants to remove a tenant for reasons other than nonpayment (for example, lease expiration, illegal subletting, or nuisance complaints).
Tenants can also bring their own cases, called “HP Actions”, asking the court to order repairs or address building code violations.
The Process Step by Step
1. The Notice
Before a landlord can start a case, they must give proper written notice to the tenant — usually a 14-day rent demandfor nonpayment or a 30–90-day notice for holdovers depending on the lease situation.
2. Filing the Petition
If the issue isn’t resolved, the landlord files a petition in Housing Court. The court then schedules a hearing date and serves the tenant with papers.
3. The Court Appearance
Both parties appear before a Judge or Court Attorney.
- Tenants can ask for adjournments (postponements) to seek legal counsel.
- Landlords can present proof of lease terms, rent owed, or building conditions.
4. Resolution or Trial
Many cases are settled by stipulation (agreement) before trial — often involving payment plans or move-out dates.
If no agreement is reached, the case proceeds to trial, where both sides present evidence.
5. The Decision
The judge issues a decision. If the landlord wins an eviction case, a warrant of eviction may be issued, but it can only be enforced by a City Marshal, not the landlord personally.
Tenant Rights in NYC
NYC has some of the strongest tenant protections in the country. Tenants have the right to:
- A safe and habitable home (per the warranty of habitability law).
- Defend against illegal eviction — landlords can’t change locks or remove belongings without a court order.
- Access to free legal help under the city’s Right to Counsel program if they meet income requirements.
Tenants can find free assistance through:
- NYC Tenant Helpline: 311
- Housing Court Answers: housingcourtanswers.org
- Legal Aid Society and Legal Services NYC
What Landlords Should Know
For landlords, proper legal procedure is key. Missteps can delay cases or result in dismissal.
To stay compliant:
- Always serve official notices correctly (certified mail and posted copy).
- Keep detailed records of rent payments, repairs, and tenant communications.
- Never attempt self-help evictions — they are illegal in NYC.
Working with an experienced landlord–tenant attorney or property management professional can save time and avoid costly mistakes.
Alternatives to Court
Sometimes, going to Housing Court isn’t the best first step. Many disputes can be solved through:
- Mediation (available at some Housing Courts)
- Payment agreements
- HPD repair requests
These options can help avoid legal fees and preserve positive tenant–landlord relationships.
Final Thoughts
The NYC Landlord–Tenant Court system exists to balance the rights and responsibilities of both landlords and renters.
While it can be intimidating, understanding the process — and seeking legal guidance when needed — can make a difficult situation manageable.
Whether you’re a tenant protecting your home or a landlord enforcing lease terms, preparation and communication are your best tools in Housing Court.