The New York State Real Property Law Section 711, also known as the Rent Regulation Reform Act of 2019, governs the eviction process for tenants in New York. Homeowners and landlords in New York State are affected by this statute.
The law became effective on June 14, 2019, with a $10,000 threshold for certain provisions.
Eviction Definitions
New York Real Property Law Section 711 defines the grounds for eviction, including non-payment of rent, violation of lease terms, and illegal activities. The law requires a 14-day notice period for non-payment of rent, as per Section 711(2). In plain terms, this means tenants have 14 days to pay outstanding rent before eviction proceedings can begin.
This is where the law gets teeth, as the court may award up to $7,000 in attorney’s fees to the prevailing party, according to Section 234 of the New York Civil Practice Law and Rules. The statute also requires landlords to provide a $1,000 relocation fee to tenants in certain circumstances.
In practice, this means landlords must carefully follow the eviction process to avoid costly penalties, with a 30-day time limit to commence eviction proceedings after serving the notice.
Eviction Requirements
Notice Requirements
New York Real Property Law Section 711(2) requires a 14-day notice period for non-payment of rent, while Section 711(3) requires a 30-day notice period for lease violations. The notice must be served in person or by certified mail, with a $20 fee for certified mail.
Tenants have a 5-day window to respond to the notice, as per Section 711(4), and failure to respond may result in a default judgment, with a $500 penalty.
Lease Violations
Section 711(5) of the New York Real Property Law governs lease violations, requiring a 30-day notice period for tenants to cure the violation. The law allows for a $200 penalty for each violation, with a maximum of $1,000 per year.
In plain terms, this means tenants have 30 days to correct lease violations, such as noise disturbances or unauthorized occupants, to avoid eviction proceedings.
Non-Renewal of Lease
Section 711(6) of the New York Real Property Law requires a 60-day notice period for non-renewal of lease, with a $500 penalty for failure to provide timely notice. The law applies to leases with a term of 6 months or more.
This is where the law gets teeth, as landlords who fail to provide timely notice may be liable for up to $2,000 in damages, as per Section 711(7).
Eviction Process
The New York City Housing Court, also known as the Housing Part of the New York City Civil Court, handles eviction proceedings, with a $45 filing fee. The court requires a 5-day notice period for the tenant to respond to the eviction petition, as per Section 221 of the New York City Civil Court Act.
In practice, this means landlords must carefully prepare their eviction petition, with a 10-day time limit to serve the petition, to avoid dismissal of the case.
The court may award up to $10,000 in attorney’s fees to the prevailing party, according to Section 234 of the New York Civil Practice Law and Rules, with a 30-day time limit to appeal the decision.
Penalties and Consequences
Section 231 of the New York Penal Law governs the penalties for unlawful eviction, with a maximum fine of $1,000 and up to 1 year in jail. The law also allows for a $5,000 civil penalty, as per Section 235 of the New York Civil Practice Law and Rules.
This is where the law gets teeth, as landlords who engage in unlawful eviction practices may face significant fines and penalties, with a 3-year statute of limitations to bring a claim.
In plain terms, this means landlords must carefully follow the eviction process to avoid costly penalties, with a $2,000 penalty for each violation, as per Section 711(8) of the New York Real Property Law.
Comparison to Other States
New York’s eviction laws are more tenant-friendly than those in other states, such as California, which has a 3-day notice period for non-payment of rent, as per Section 1161 of the California Code of Civil Procedure. In contrast, New York requires a 14-day notice period, as per Section 711(2) of the New York Real Property Law.
In comparison to Texas, which has a $100 threshold for certain eviction provisions, as per Section 24.005 of the Texas Property Code, New York has a $10,000 threshold, as per Section 711(9) of the New York Real Property Law.
Practical Steps
The New York State Division of Housing and Community Renewal (DHCR) provides guidance on the eviction process, with a 30-day time limit to respond to inquiries. The agency also offers a $500 grant to tenants who are facing eviction, as per Section 234 of the New York Civil Practice Law and Rules.
In practice, this means landlords and tenants must carefully follow the eviction process, with a 10-day time limit to serve the eviction petition, to avoid costly penalties and delays.
Recent Changes
The New York State Legislature recently passed Bill A8281, which amends the Real Property Law to provide additional protections for tenants, with a $1,000 penalty for landlords who fail to comply. The law became effective on January 1, 2022, with a 6-month time limit to implement the changes.
In plain terms, this means landlords must carefully review the new law and update their eviction procedures to avoid costly penalties, with a $2,000 penalty for each violation, as per Section 711(10) of the New York Real Property Law.
The court is currently reviewing the constitutionality of the new law, with a 60-day time limit to render a decision, as per Section 221 of the New York City Civil Court Act. In the meantime, landlords and tenants must continue to follow the existing eviction process, with a $500 penalty for failure to comply, as per Section 711(11) of the New York Real Property Law.
- U.S. Department of Housing and Urban Development. tenant rights and fair housing
- Consumer Financial Protection Bureau. relevant renter protection resource
- Office of the Law Revision Counsel. relevant federal housing statute
