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Español · Rental law by city · Where we cover

New York · Eviction

Can my landlord make me move out in New York?

Only through a court, with a judgment.

Why, and the exact law
From N.Y. Real Prop. Acts. Law § 749, read Oct 6, 2026.
Show the law

“A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession …”

N.Y. Real Prop. Acts. Law § 749 · ag.ny.gov

Were you told to move out?

What reason did they give?

What reason did they give?

Who can help

  1. New York State Office of Rent Administration (HCR)New York State Office of Rent Administration (HCR)
  2. Get free legal helpLegal aid for tenants who got a notice.LawHelpNY
Every rule here, word for word (4)

This page covers state law only. Cities with their own rules have their own pages.

New York lawIn force

Court-process requirement, eviction grounds and nonpayment rent demand

Can my landlord make me move out?

Only through a court, with a judgment.

To evict you, a landlord can't change locks or cut utilities. Unpaid rent needs a 14-day written demand.

The law, word for word

“A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession …”

N.Y. Real Prop. Acts. Law § 749 · ag.ny.gov · Retrieved Oct 6, 2026

New York lawIn force

Advance notice of non-renewal or rent increase over 5% (non-regulated units)

Can my landlord make me move out?

30, 60 or 90 days' written notice.

For a raise over 5% or no renewal: 30 days if you've lived there under a year, 60 under two years, 90 after that.

Who it covers

  • Exemptions: Rent regulated units follow separate renewal rules.
The law, word for word

“If you have lived in your apartment two or more years, or if you have a two-year lease, your landlord must provide you with 90 days advanced written notice before raising your rent or not renewing your lease;”

N.Y. Real Property Law (notice of rent increase over 5% or non-renewal) · ag.ny.gov · Retrieved Oct 6, 2026

New York lawDepends on the building

Retaliatory eviction protections

Can my landlord make me move out?

Not as payback for complaints.

If they evict you within 1 year of a complaint, the court assumes it's payback.

Depends on the number of units or whether the owner lives in the building.

Who it covers

  • Not owner-occupied buildings with 3 units or fewer.
  • Exemptions: Owner-occupied dwellings with fewer than four units.
The law, word for word

“It is illegal for landlords in New York to retaliate against tenants for participating in tenant organizations …”

N.Y. Real Prop. Law § 223-b · ag.ny.gov · Retrieved Oct 6, 2026

New York lawDepends on the building

New York Good Cause Eviction Law

Can my landlord make me move out?

Yes, in most covered homes.

Evictions need a good reason, but homes rented above 245% of fair market rent are not covered.

It depends on whether property is in New York City or a municipality that opted into the GCE law.

Who it covers

  • Covers: In effect in NYC under RPL § 212; other municipalities must opt in by local law under § 213 (list of 19 localities in notice).
  • Exemptions: Units above the FMR percentage threshold; small landlord definition set by each opt-in locality.
In force since
Apr 20, 2024
Enacted
Apr 20, 2024
The law, word for word

“In New York City and in any municipality other than New York City that adopts the GCE law and does not provide for a different fair market rent threshold, the GCE law does not cover a rental unit rented for more than 245% of fair market rent …”

N.Y. Real Prop. Law art. 6-A · hcr.ny.gov · Retrieved Oct 6, 2026

More about New York

Rental law by cityWhat's changing in New York

Information about the law, not legal advice.