If you want to start an HP action against the property owner, go to the Clerk's Office at the Housing Court. You do not need a lawyer to start an HP case. For more information about HP actions, visit the website of the New York State Unified Court System.
The Civil Court of the City of New York consists of 3 parts: General Civil, Housing, and Small Claims. General Civil cases includes matters where parties are seeking monetary relief up to $50,000. The Housing Part hears landlord-tenant matters and cases involving maintenance of housing standards.
In New York State, an eviction of a tenant is lawful only if an owner has brought a court proceeding and obtained a judgment of possession from the court. A sheriff, marshal or constable can carry out a court ordered eviction. An owner may not evict a tenant by use of force or unlawful means.
The warrant of eviction authorizes the sheriff or marshal to perform the eviction. An eviction is the removal of a tenant and his or her personal belongings from an apartment. The marshal sees that any entrance locks on the premises to which the tenant may have access are changed.
In New York 5 Page 9 City, 30 days' notice is required, rather than one month. Landlords do not need to explain why the tenancy is being terminated, they only need to provide notice that it is, and that refusal to vacate will lead to eviction proceedings.
Notice of Petition to Administer Estate: This form is used for two purposes: 1) for newspaper publication, and 2) to notify the persons who are entitled to receive notice about the hearing date. Complete the front side of the form and file it with the Petition for Probate.