In the complex world of New York City real estate, understanding the intricacies of eviction proceedings is crucial for property owners. Whether dealing with residential or commercial properties, landlords often face challenges that can lead to delays, dismissals, and financial losses. This guide explores common mistakes in NYC eviction laws, drawing from extensive experience in real estate transactions.
NYC eviction proceedings are governed by the Real Property Actions and Proceedings Law (RPAPL), the Real Property Law (RPL), federal subsidy rules, and increasingly complex local legislation. Substantial compliance is often not enough. Below are key errors that routinely derail both residential and commercial eviction cases in New York City.
In holdover proceedings, accepting rent after lease termination or nonrenewal can unintentionally revive the tenancy or waive the landlord’s claims.
Courts may interpret post‑termination rent acceptance as creating a new month‑to‑month tenancy, even when the landlord intended otherwise. While landlords sometimes attempt to characterize payments as “use and occupancy,” this approach carries significant risk and should only be done with legal guidance.
See Real Property Law §232- c; Logan v. Johnson, 34 A.D.3d 758, 825 N.Y.S.2d 242 (2006)
Standard residential nonpayment evictions require a 14-day rent demand, but Section 8 cases involve federal layers. Overlooking the 30-day CARES Act notice for federally assisted properties can cause dismissals. The CARES Act's 30-day notice applies permanently to “covered dwellings” (e.g., properties with federal mortgages or subsidies like project-based Section 8). For tenant-based Section 8 vouchers in non-covered properties, it may not apply, double-check with current HUD guidelines or an attorney if the property's status is unclear.
See 15 U.S.C. § 9058(c); 502 Hoffman Properties LLC v. Vanessa Robinson, LT-308333-23/BX
Misspellings, missing middle initials, or incorrect apartment or unit designations can be fatal. NYC courts demand precision.
This is particularly critical in commercial evictions, where multiple units, sub‑tenants, or partial floors may be involved. Always cross‑check leases, rent rolls, and corporate records before filing.
New York law requires strict compliance with service rules. Self‑service or informal delivery of predicate notices or petitions often results in dismissal.
Professional, licensed process servers provide detailed affidavits documenting attempts, timing, and method of service – an essential safeguard in contested cases.
See RPAPL § 735; Joseph v. Lyu, 58 Misc 3d 159[A], (App Term, 2d Dept 2018); MTGLQ Invs., LP v. Meikle, 78 Misc 3d 1205[A], (Civ Ct, Bronx County 2023); Gomez v. Gomez, 85 Misc. 3d 1263(A), 231 N.Y.S.3d 814 (N.Y. Civ. Ct. 2025).
A rent demand must reflect a good‑faith approximation of arrears. Courts routinely dismiss cases where landlords fail to itemize charges or account for credits. This issue arises frequently with commercial tenants, CAM charges, escalation clauses, or partial payments. Clear line‑item accounting is essential.
See Dendy v. McAlpine, 27 Misc.3d 138[A], 2010 WL 2009969 (App. Term. 2nd Dept. 2010); Shimon Realty, Inc. v. Stosko, 2002 WL 34731014 (N.Y. City Civ. Ct. 2002)
For NYCHA‑administered Section 8 tenants, landlords must serve a Certification of Basis for Eviction prior to filing a nonpayment case. Failure to do so halts the proceeding. Timing and service requirements are strict and differ from holdover cases.
NYC's Good Cause Eviction law (effective 2024) requires GCE notices in holdover predicates for many units, detailing grounds and cure periods (e.g., 10 days for violations). Omission defects the notice, causing dismissals. Include the form in leases, demands, and petitions to comply with NYC eviction notice requirements. Omission of the GCE notice renders predicate notices defective.
See Understanding New York's Good Cause Eviction Law: What Tenants and Landlords Need to Know
After a default judgment, landlords must submit accurate affidavits before a warrant of eviction may issue. Errors or omissions delay enforcement and may require refiling.
Petitions must accurately state whether the property is registered with HPD or exempt. Incorrect representations frequently result in dismissal. Always verify MDR status through HPD records before filing.
LLCs, corporations, and partnerships cannot appear pro se in Housing Court. Attempting to do so results in immediate default.
In Section 8 cases, landlords may seek only the tenant’s share in summary proceedings. Subsidy arrears must be addressed separately.
Failure to name undertenant occupants or unknown parties (e.g., “John Doe,” “XYZ Corp.”) can prevent full recovery of possession.
Mislabeling a unit as rent‑stabilized, exempt, or otherwise regulated creates jurisdictional defects. Always verify status through DHCR or counsel.
A serving party may not resort to a “John Doe” procedure unless they have made a diligent effort (e.g., inquiries, knocks) to ascertain the parties’ true identities.
See Wilmington Trust, National Association v. Shasho, 197 A.D.3d 534, 536 (App. Div. 2d Dep’t, 2021).
Holdover notices must specify the alleged breach with enough detail to permit a cure. Generic allegations routinely fail, particularly where evidence (photos, notices, inspection reports) exists but is not referenced.
Absent a written lease, tenancies often default to month‑to‑month, requiring 30–90 days’ notice depending on duration and property type. Incorrect notice periods remain a leading cause of dismissal.
See RPL 232-a (“No nonthly tenant, or tenant from month to month, shall hereafter be removed from any lands or buildings in the city of New York on the grounds of holding over the tenant's tenn unless pursuant to the notice period required by subdivision two of scction trvo hundred twenty-six-c of this article, or for a tenancy other than a residential tenancy at least thirry days before the expiration ofthe term, the landlord or the landlord's agent serve upon the tenant, in the same manner in which a notice of petition in summary proceedings is now allowed to be served by law, a notice in writing to the effect that the landlord elects to teminate the tenancy and that unless the tenant removes fiom such premises on thc day designatcd in the notice, the landlord will commence summary proceedings under the statute to remove such tenant therefrom”)
Affidavits of service must contain precise, sworn details. Technical defects often trigger hearings, adjournments, or outright dismissal.
NYC eviction proceedings are not administrative formalities – they are litigation governed by dense statutory and procedural requirements. For commercial landlords, developers, and Israeli or international investors, early legal review is often the difference between swift enforcement and prolonged loss of income.
Elad Michael advises commercial real estate owners, syndicators, and Israeli institutional and private investors on New York real estate operations, enforcement strategies, and risk mitigation.