The Process Due When Rent is Due: Residential Nonpayment Evictions in New York after COVID-19

Abstract

At this critical juncture, to prevent homelessness and the unnecessary displacement of families, it is imperative to review New York nonpayment eviction law, with a focus on the procedural protections available to tenants. Additionally, New York’s Housing Stability and Tenant Protection Act (HSTPA) of 2019 dramatically changed the eviction process only months before the COVID-19 pandemic hit. And laws enacted during the pandemic, such as the Tenant Safe Harbor Act, will continue to affect housing practice going forward. Thus, for the benefit of judges and advocates alike, it is important to highlight the unsettled issues that must still be litigated. This article considers the New York nonpayment eviction process chronologically. It first addresses the pre-commencement notices to which tenants are entitled. Then it discusses the court eviction proceeding and warrant process, with an emphasis on tenant protections that are built into the law.