Under Real Property Actions and Proceedings Law (RPAPL) § 711, the landlord has the right to demand payment from the tenant who fails to pay rent. The demand can be made orally or in writing. The landlord has to provide a 3-day notice to the tenant and if the tenant does not pay within three days, the landlord can serve the tenant with a Notice of Petition and Petition for a nonpayment proceeding in Housing Court.

The landlord brings a holdover proceeding to evict a tenant for reasons other than a non-payment of rent. The tenant is considered to be “holding over” when the tenant refuse to return possession of the rental unit to the landlord after the tenancy terminates. A holdover proceeding can also be brought against tenants who breach a material obligation of the tenancy or lease.

HP Actions are proceedings brought by tenants seeking orders to address various legal violations in housing standards. The proceedings are governed by N.Y.C. Admin. Code §27-2115(h), (I) and N.Y. City Civ. Ct. Act §110(a). When a tenant complains to a landlord about serious maintenance issues and those issues have not been addressed in a timely fashion, the tenant can bring an HP action against the landlord.

1. Review of your paperwork.
2. Explanation of the applicable law
3. Discussion on possible defenses to your case
4. Explanation of court procedure
5. Explanation of court fees (if applicable)
6. Discussion of attorney fees

1. Your leases (Original lease and renewal leases)
2. All correspondence between you and the landlord (includes 3-day demand notices; notice of termination)
3. Any photographs of maintenance issues with the apartment
4. All active court documents – notice of petition, petition, answer to the petition (if already filed) pertaining to the case in question.
5. Orders to Show Cause – if already filed
6. Eviction notices (Marshal’s Notice)