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Landlords must follow every step described in the rules below.
Landlords cannot force tenants to leave without a court order called a Warrant of Eviction.
Landlords cannot turn off heat, electricity, hot water, or other services included with the rent.
Landlords cannot try to force tenants out by changing the locks or removing tenants’ possessions.
New York State law protects tenants regardless of immigration status.
When the moratorium ends, housing courts will be extremely busy; it could take months for a landlord to legally evict. Tenants can use this time to try to catch up on rent payments.
NEED HELP? If your landlord tries to evict you without a Warrant of Eviction or turns off basic services, call UIDN’s Helpline, 888-726-7276, or contact Legal Services of Hudson Valley (English and Spanish), 877-574-8529.
Eviction rules in New York State
What landlords must do
- Send tenants a certified letter saying that the rent is overdue.
- Send a second letter demanding that the rent be paid within 14 days.
- If tenants do not pay, get a Notice of Petition signed by a court official. The Notice must be handed to the tenant — in person — by someone 18 or older and must include a date, time, and address for a court hearing.
- If tenants pay in court or within five days as allowed by law, sign a letter agreeing to vacate the judgment.
- If tenants cannot pay, get a Warrant of Eviction to be presented in person by the Ulster County sheriff’s department.
- Once a Warrant is served, only the Ulster County sheriff’s department can evict — remove the tenants’ things, change the locks, and make the tenants leave.
What tenants should do
Pay all owed rent as soon as possible. If you need help covering the rent UIDN (888-726-7276) or Catholic Charities (845-340-9170) may be able to pay all or part of one month’s rent.
If you receive a Notice of Petition that does not meet the requirements shown, item 3 at left, get help from UIDN (888-726-7276) or Legal Services of Hudson Valley (877-574-8529).
Go to court at the appointed time if you receive a proper Notice of Petition (see item 3 on this page for petition requirements). You have a right to defend yourself — tell your side of the story. Bring someone to help you understand what’s happening, interpret, and speak for you if necessary. If you have paid the rent, bring any proof you have. (If UIDN helped with rent, call the helpline, 888-726-7276 to get proof.) If you have not paid, the judge will give you five more days to pay what is owed.
If you pay within five days, the landlord should give you a signed letter agreeing to “vacate the judgment.” You must file the letter with the court.
If you cannot pay, you will likely receive a Warrant of Eviction. It must be signed by a judge and presented in person by the Ulster County sheriff’s department. The warrant will tell you when you must be out — usually just a few days. If you have nowhere to go, call the Ulster County Department of Social Services emergency housing line, 845-334-5360.
Only the Ulster County sheriff’s department can evict you. They will come to your home, remove your things, change the locks, and take you to the Department of Social Services to get help.