Being Evicted Under the NY Landlord Tenant Laws
You have received a 72-hour Notice of Eviction from the City Marshal which warns you that you may be evicted within three days. It is important for any tenant who may have received such a notice to realize that the Marshal can only send it to them after their landlord has received a judgment from the Housing Court. This judgment will say that the landlord can evict you. No landlord is ever permitted to evict a tenant in the City of New York without such a judgment having been issued.
Under landlord tenant Law NY the only person who is legally able to evict you is the City Marshal. If a tenant has been locked out of their apartment by a landlord, they should immediately proceed to the closest police station. You should tell them to refer to Patrol Guide #177-11. If they are unable to get the tenant back into their apartment, they should go to the Housing Court and execute an “Order to Show Cause to Restore Possession.”
Any tenant who receives a 72-hour Notice of Eviction should proceed immediately to the Civil Court immediately. They should not wait because they can be evicted at any time during that 72 hour period of time. The only way to stop an eviction is to ask a court clerk to show cause. They will give the tenant a form to fill out which is quite complicated but which will allow them to appear before a judge to petition to have the eviction stopped.
Under landlord Tenant Law NY you are entitled to explain to the judge what happened that allowed the landlord to procure an eviction order against you. If you never received the initial court proceedings petition from your landlord, you should tell the judge this. It will have a significant impact on his decision. You will be able to give the judge some reasons as to why the landlord should not be allowed to evict you. These reasons might be that the landlord is not maintaining the building or providing essential services such as hot water. All this information must be conveyed on the form which will then be presented to the judge. This is the information the judge will use to make his decision.
If the judge rules in your favor and issues a stop order under landlord tenant Law NY, you yourself are responsible for presenting a copy of these papers to the Marshal and the landlord. You must take one copy to the City Marshal’s office. You must present another copy to your landlord. You must ask them to sign the back of your copy which indicates that they have received the paperwork from you. If they will not comply, write down the address of the location and a brief description of the person you dealt with on the back of your copy. You must not delay in providing a copy to the City Marshal because he needs this paperwork in order to stop the eviction from proceeding. You will be required to return to court on a later date. You must be sure to return on that date at the proper time or your eviction may proceed under landlord tenant Law NY.