When back rent starts to accumulate, it is a problem for tenants and landlords, and in some cases, including co-ops renting out sponsor units, even entire buildings. A New York Housing Conference report, drawing on NYU Furman Center data, also reveals that the problem is widespread. In 2024, there were close to 120,000 active eviction filings, with roughly one-third in subsidized buildings, and most were for nonpayment cases. This article explores what tenants and landlords need to know about the evictions, and what is currently changing in New York City to help manage the city’s backlog of eviction cases.
An eviction filing isn’t an eviction
In New York City, it is illegal for an owner to simply change the locks and throw out a tenant and their belongings. Legal evictions require a Housing Court case, a judgment, a warrant of eviction, and action executed by a city marshal, sheriff, or constable.
The first step is always a rent demand letter. That court filing is serious, but it is not a completed eviction. When you receive a demand letter, you usually still have plenty of time to respond. For owners, the distinction is just as important. A filing signals that you have started the legal process, but it isn’t permission to remove a tenant.
Information for tenants
If tenants receive a demand letter, they should never ignore it, but they should also know it is not an eviction notice. It is the first step toward evicting a tenant but by no means equivalent to an eviction. At this point, tenants may be able to seek a potential payment plan, apply for emergency rental assistance (e.g., through the City’s own One Shot Deal program), or raise legal defenses in Housing Court. In some cases, a court may even reduce the rent owed or determine that rent should not be paid until necessary repairs are made.
If a tenant receives a marshal’s notice, the matter is far more urgent. Indeed, if a demand letter is the first step in the eviction process, a marshal’s letter is the final step. In most cases, eviction is imminent within 14 days of notice. At this point, the only certain way to have a warrant canceled is to pay the outstanding rent in full. If rent has been withheld for a valid reason (e.g., chronic unsafe conditions in the building that the landlord has been made aware of and failed to address), however, there may still be time to have the order stopped on other grounds. Again, start with the Tenant Helpline, Housing Court Answers, or the City’s Office of Civil Justice.
Information for owners and landlords
For owners and landlords, early outreach is nearly always the best first step. Indeed, it is often recommended that before formally filing, owners and landlords make several documented attempts to contact the household and work out a workable payment plan. If a tenant has fallen into temporary hard times, they can often pay any outstanding rent and may still prove reliable moving forward.
If this doesn’t work out and the tenant has no legitimate grounds to withhold rent, however, landlords are advised to take action sooner rather than later, especially given the City’s long Housing Court wait times, which can stretch up to 18 months. In most cases, owners and landlords are strongly advised to consult their legal counsel before serving notices, particularly when dealing with rent arrears cases on rent-stabilized apartments. A list of legal reasons for seeking an eviction can be found on NYC’s Housing Preservation & Development Good Cause Eviction site.
The potential impact of NYC’s new Fast Track Housing Court
Under current conditions, a major obstacle for both tenants and landlords is the long wait time for Housing Court dates. For tenants, including those who have withheld rent as a last resort to pressure a landlord to address an unsafe situation, the long wait not only means living under unsafe conditions longer but also accruing more back rent. For landlords, long waits for Housing Court dates often leave them with no choice but to keep a non-paying tenant in place for months and even years. Fortunately, there is now hope that this situation may be about to change.
The City’s new plan to speed up the most serious housing disputes (namely, those involving dangerous building conditions) is designed to help tenants withholding rent for legitimate reasons address dire problems. There is hope that by fast-tracking at least some of the most dire problems, the rest of the system will eventually see wait times ease, making it easier for tenants, owners, and landlords to deal with pending eviction cases in a timely manner.
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Contributing Writer
Cait Etherington
Cait Etherington has over twenty years of experience working as a journalist and communications consultant. Her articles and reviews have been published in newspapers and magazines across the United States and internationally. An experienced financial writer, Cait is committed to exposing the human side of stories about contemporary business, banking and workplace relations. She also enjoys writing about trends, lifestyles and real estate in New York City where she lives with her family in a cozy apartment on the twentieth floor of a Manhattan high rise.
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