NYC Housing Court Eviction Steps 2026–27: The 14-Day Rent Demand, the 10-Day Answer and the Marshal's Notice
An eviction case in New York City moves through a set of steps, and each one comes with its own paperwork and deadline. Tenants who know what each step looks like have more options, because at almost every stage there is something you can still do: answer, ask for a lawyer, apply for help with back rent, or go back to court with an order to show cause.
This guide walks through a typical nonpayment case in NYC Housing Court, from the first rent demand to the marshal's notice, and shows where free help fits in.
Last checked October 2026. Sources: the New York Attorney General's Residential Tenants' Rights Guide; NYC Human Resources Administration's Right-to-Counsel page; Housing Court Answers' tenant guides and glossary; and New York State Homes and Community Renewal's Good Cause Eviction page. This is general information, not legal advice.
The Short Version
Rent demand: your landlord must give you a 14-day written rent demand before suing for unpaid rent.
Petition: the landlord files a notice of petition and petition, and the papers are served on you.
Answer: you have 10 days from service to answer, in person at your borough's Housing Court.
First court date: say "I would like an attorney." Right-to-Counsel lawyers meet tenants at first appearances.
Stipulation or trial: most cases end in a written agreement (a "stip") or a decision by a judge.
Marshal's notice: if a warrant issues, a city marshal or sheriff must serve you a notice, often called the 14-day notice, before any eviction.
Until the marshal actually carries out a warrant, you can generally still get a nonpayment case dismissed by paying all the rent owed, according to the Attorney General.
Step 1: The 14-Day Rent Demand
The Attorney General's tenants' rights guide is direct: "Your landlord cannot bring you to court for non-payment of rent unless they have given you a 14-day written 'rent demand.'"
When you get a demand:
Check the numbers. Compare the months and amounts against your own records, rent receipts and bank statements.
Look for added charges. In a nonpayment case, you can only be evicted for not paying rent, not for late fees, legal fees or other added charges.
Start a rent-help application right away. Housing Court Answers notes that HRA should process a One Shot Deal application once you have a demand letter from your landlord. You don't need to wait for a court case.
A lockout is never a legal substitute for this process. Only a sheriff, marshal or constable can carry out a court-ordered eviction, and a landlord cannot change the locks, remove your belongings or shut off heat or water to force you out.
Step 2: The Petition and Service
If the rent isn't paid, the landlord can file a notice of petition and petition in Housing Court. Housing Court Answers explains that the papers must be served by one of three methods:
Personal service: the papers are handed to you.
Substitute service: the papers are handed to another adult at your home.
Conspicuous service: the papers are attached to your door.
The court will also mail you a postcard about the case. Keep every page you receive, along with the envelope, and note the index number. You'll need it for every call and filing.
Step 3: Answer Within 10 Days
According to Housing Court Answers, "You have 10 days to answer in Housing Court from the date your petition was served." In a nonpayment case, you answer in person at the clerk's office in your borough's courthouse. An answer can be written or oral, and when you answer in a nonpayment case, you'll receive a date, time and location for a hearing.
When you answer, tell the clerk every reason you don't owe the rent or didn't pay it. Common defenses include:
The amount claimed is wrong, or includes fees that aren't rent.
You didn't receive the court papers, or they weren't served properly.
The apartment needs repairs the landlord hasn't made. The warranty of habitability, a protection built into every New York residential lease, means tenants have the right to a livable, safe and sanitary apartment.
The case was filed within a year of a good-faith complaint about conditions, which New York law presumes to be retaliation.
If you miss the deadline or a court date, you risk a default. An order to show cause (explained below) is the usual way to ask the judge to reopen the case.
Step 4: Your First Court Date and Right to Counsel
New York City's Right-to-Counsel law means free legal representation or advice is available to tenants facing eviction in Housing Court, in every ZIP code and regardless of immigration status, according to HRA.
Right-to-Counsel providers connect with tenants at their first Housing Court appearance. HRA's advice is simple: go to your court date and say, "I would like an attorney."
Housing Court Answers says your first appearance is usually in an intake part, where you may meet an attorney who can represent you. Be aware that legal providers are stretched thin, so come ready to speak for yourself if you need to.
What to bring:
All court papers and your index number
Rent receipts, money order stubs and bank records
Letters from public assistance, Section 8 or any program helping with rent
Photos and records of repair problems
Any rent-help application and its status
Arrive early. You may have to wait in a security line before you can check in at your courtroom.
Step 5: The Stipulation or a Trial
Most cases end with a stipulation of settlement, a written agreement between you and the landlord. Housing Court Answers stresses a few points:
You can negotiate every word of a stipulation. The landlord's lawyer is not there to look out for you.
You can ask for a conference where a court attorney helps both sides try to settle. The court attorney doesn't represent either side.
A typical nonpayment stip includes a breakdown of the rent owed by month, and the due dates for payments.
Watch for language like "warrant may issue forthwith." That can let the marshal move ahead after a missed payment without another court date.
Before the stip is final, the judge reviews it with you (this is called allocution). Ask about anything you don't understand.
If you don't agree, you can ask for a trial before a judge. If you need more time to prepare, go to the hearing and ask for an adjournment.
If you lose and the judge orders your eviction, the Attorney General notes that you can ask for up to one year to move if you can show you can't find a similar apartment in the same neighborhood. It's up to the judge, who weighs things like health conditions, children enrolled in school and the hardship on the landlord. You may have to keep paying rent during that time.
Step 6: The Marshal's Notice and the Order to Show Cause
A marshal or sheriff can evict you only with a court-issued warrant. Before any eviction, you must be served with a marshal's notice, which Housing Court Answers says lists your court index number, the marshal's name, address and phone number, and the date it was served.
If you get a marshal's notice, or you missed a payment in your stip, the main tool is an order to show cause (OSC): a request asking the judge for a new court date. In it, you explain why you didn't meet the deadline and how you'll comply going forward, and you attach proof, such as a One Shot Deal approval or money orders.
If the judge signs your OSC, you'll receive copies for yourself, the landlord and the marshal. After you serve the signed OSC on the marshal, Housing Court Answers says the marshal cannot evict you until after the next court date.
Paying the Back Rent: The One Shot Deal and FHEPS
One Shot Deal (HRA Emergency Assistance). A one-time payment from HRA to cover back rent and prevent an eviction. Key points from Housing Court Answers:
You can apply through Access HRA or at your local HRA center. If you have a marshal's notice, you can go to the HRA office in Housing Court.
You must show you can afford the rent going forward.
Bring court papers or the demand letter, the landlord's breakdown of what you owe, and six weeks of recent pay stubs for every working household member.
Decisions can take 30 to 45 days after all documents are submitted, so apply early and keep copies of everything.
Most people have to repay a One Shot Deal.
FHEPS. The Family Homelessness and Eviction Prevention Supplement pays back rent and a higher shelter allowance for families with minor children who have an active Cash Assistance case and are at risk of eviction.
Good Cause Eviction: Extra Protection for Some Renters
New York's Good Cause Eviction law gives added protection to some tenants in apartments that aren't rent regulated. According to state Homes and Community Renewal, it treats annual rent increases above 10% or 5% plus inflation (CPI), whichever is lower, as presumptively unreasonable, and it strengthens protections for covered renters in eviction cases. Not every apartment is covered, so check HCR's Good Cause page or ask your Right-to-Counsel lawyer whether yours is.
Free Help in New York City
Housing Court Answers hotline: 718-557-1379 or 212-962-4795, Monday–Friday, 9 a.m.–5 p.m.
311: ask for the Tenant Helpline.
Office of Civil Justice: email civiljustice@hra.nyc.gov with your name, phone number and Housing Court index number.
Housing Court clerk phone lines (for questions about appearing on your court date): Bronx 718-466-3025; Brooklyn 347-404-9201; Red Hook 718-923-8270; Manhattan 646-386-5500; Harlem 212-360-4113; Queens 718-262-7145; Staten Island 718-675-8452.
Closing Thoughts
The NYC eviction process gives tenants several chances to act: the 14 days after a rent demand, the 10 days to answer, the first court date where you can ask for a free lawyer, and the order to show cause after a missed deadline. Start a One Shot Deal application early, keep every paper, never sign a stipulation you don't understand, and call Housing Court Answers if you're unsure what to do next.
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