Process
How Do I File a Nonpayment Petition in NYC Housing Court?
A nonpayment proceeding under RPAPL § 711(2) starts by serving a 14-day rent demand on the tenant. If unpaid, the landlord files a Notice of Petition and Petition with the Housing Court in the borough where the property is located, pays the index-number fee, and serves the papers on the tenant before the return date.
About Filing a Nonpayment Petition
A nonpayment proceeding under RPAPL § 711(2) is the standard remedy when a tenant fails to pay rent due under a lease or rent-regulated tenancy. The case begins outside court with a 14-day written rent demand. If the tenant does not pay or vacate, the landlord files a Notice of Petition and Petition in the Housing Court of the borough where the property is located. After service on the tenant, the case is calendared for a first appearance in a resolution part. Most nonpayment proceedings resolve at the resolution-part level through a stipulation of settlement; contested matters with bona fide defenses are referred to a trial part.
Frequently Asked Questions
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Our attorneys appear in NYC Civil and Housing Court across all five boroughs. Whether you are starting a proceeding or responding to one, early legal advice protects your position.
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Facing a Filing a Nonpayment Petition Matter?
Nacmias Law Firm represents owners, landlords, and businesses in NYC Civil and Housing Court matters across all five boroughs. Talk to an attorney before your return date.