Notice of Petition and Petition (Holdover or Nonpayment) — New York Summary Eviction Proceeding

NOTICE OF PETITION AND PETITION — SUMMARY PROCEEDING TO RECOVER POSSESSION OF REAL PROPERTY — STATE OF NEW YORK

TABLE OF CONTENTS

1. Caption
2. Notice of Petition
3. Petition
4. Verification
5. Exhibits Index
6. Certificate of Service
7. Sources and References

1. CAPTION

[CIVIL COURT OF THE CITY OF NEW YORK / [COUNTY] COUNTY COURT / [CITY] CITY COURT / [TOWN] TOWN COURT / [VILLAGE] VILLAGE COURT / [NASSAU/SUFFOLK] DISTRICT COURT]

COUNTY OF [____________________]

HOUSING PART (applicable in NYC Civil Court only)

INDEX NO.: L&T- [________________________________]

Premises: [STREET ADDRESS, APT/UNIT NO.], [CITY], [COUNTY] County, New York [ZIP]

Type of Proceeding (check one):

☐ Nonpayment (RPAPL § 711(2))
☐ Holdover — lease expiration (RPAPL § 711(1))
☐ Holdover — breach of substantial obligation of lease (RPAPL § 711(1))
☐ Holdover — termination of month-to-month tenancy (RPL §§ 226-c, 232-a, 232-b)
☐ Holdover — objectionable tenancy (RPAPL § 711(1))
☐ Other (specify): [____________________]

2. NOTICE OF PETITION

Procedure gate. The fixed return-date form below is for a proceeding in
which the court assigns a return date. A nonpayment proceeding follows the
separate RPAPL § 732 response-and-calendar procedure, where that section applies under court rules, and the filing court's
current form and clerk instructions. Do not insert a holdover-style return date
into a nonpayment notice without confirming that the current venue requires it.

TO THE RESPONDENT(S) ABOVE NAMED:

PLEASE TAKE NOTICE that, upon the annexed verified Petition of [LANDLORD NAME], dated [__/__/____], a special proceeding will be held against you in the above-named Court at [COURTHOUSE STREET ADDRESS], [CITY], New York, in Part [____], Room [____], on [__/__/____] at [____]:[____] [AM/PM], or as soon thereafter as counsel may be heard, for a final judgment of possession of the Premises identified in the Petition, the issuance of a warrant to remove you and all other persons from the Premises, a money judgment for amounts permitted in this proceeding, and statutory costs awarded under RPAPL § 747. In a residential proceeding, RPAPL § 702 bars a request for attorney's fees and other nonrent fees, charges, or penalties here.

PLEASE TAKE FURTHER NOTICE that, pursuant to RPAPL § 731, this Notice of Petition is issued by [ATTORNEY NAME / CLERK OF THE COURT / JUDGE], as authorized by statute. A party prosecuting this proceeding in person may not issue this Notice.

PLEASE TAKE FURTHER NOTICE that, if you fail to appear and answer at the time and place stated above, judgment may be entered against you by default for the relief demanded in the Petition. In a proceeding other than nonpayment, RPAPL § 731(2) also warns that if you fail to interpose and establish a defense, you may be precluded from asserting that defense or the claim on which it is based in another action or proceeding.

PLEASE TAKE FURTHER NOTICE that, in a nonpayment proceeding, payment to the Landlord of the full amount of rent due, made at any time prior to the hearing on the Petition, shall be accepted by the Landlord and renders moot the grounds on which this proceeding was commenced (RPAPL § 731(4)).

Tenant rights — please read carefully:

• Right to counsel (NYC). If the Premises are in NYC, you may be entitled to free legal representation under NYC Admin. Code §§ 26-1301 et seq. (Local Law 136 of 2017). Call 311 or contact the NYC Office of Civil Justice.
• Outside NYC. Free or low-cost legal help may be available from a Legal Aid or Legal Services office serving your county, Empire Justice Center, or your county bar association.
• No retaliation; no discrimination. Eviction in retaliation for protected tenant activity (RPL § 223-b) or based on a protected class (Exec. L. § 296; NYC Admin. Code § 8-107; 42 U.S.C. § 3601 et seq.) is unlawful and is a defense in this proceeding.
• Domestic violence and covered-housing VAWA. Domestic violence victim status may support a defense under N.Y. Real Prop. Acts. Law § 744, and N.Y. Real Prop. Law §§ 227-c and 227-d address qualifying lease termination and status-based discrimination; §§ 744 and 227-d exclude owner-occupied buildings with two or fewer residential units. In housing assisted under a covered federal program, 34 U.S.C. § 12491 protects qualifying victims of domestic violence, dating violence, sexual assault, or stalking from eviction on that basis.
• Warrant execution and nonpayment cure. An enforcement officer must give at least fourteen (14) days' written notice before executing a warrant. In a nonpayment proceeding, full payment or tender of the rent due before execution requires the court to vacate the warrant unless the court finds bad-faith withholding. See RPAPL § 749(2)-(3).
• Lease-breach cure after judgment. If this proceeding claims a breach of a lease provision, RPAPL § 753(4) directs the court to grant a thirty-day stay of warrant issuance so the tenant may correct the breach. This provision applies statewide.

Date of Notice of Petition: [__/__/____]

[________________________________]
[ATTORNEY NAME], Esq.
Attorney for Petitioner
(or) [CLERK OF THE COURT]
[ADDRESS]
[CITY, NY ZIP]
Telephone: [________________________________]
Email: [________________________________]

3. PETITION

[LANDLORD NAME], by [its/her/his] undersigned attorneys (or) on his/her own behalf, as and for the verified Petition herein, alleges as follows:

3.1 Interest of Petitioner — RPAPL § 741(1)

1. Petitioner [PETITIONER NAME] is the [landlord / lessor / lessee entitled to possession / court-authorized receiver / other qualifying person] of the Premises and is entitled to maintain this proceeding under RPAPL § 721. A managing agent acting only for the owner is not named as petitioner solely by reason of that agency.

2. Petitioner's interest in the Premises is as: ☐ owner/landlord of record by deed dated [__/__/____] and recorded at [____________________]; ☐ lessor or lessee entitled to possession under lease dated [__/__/____]; ☐ receiver authorized by court order dated [__/__/____] (attach order); ☐ other RPAPL § 721 capacity (identify subdivision and basis): [____________________]. An authorized managing agent may act on Petitioner's behalf or verify the Petition where permitted, but should identify the qualifying Petitioner by name.

3. Multiple Dwelling Registration (NYC). If this is an RPAPL § 711 proceeding involving premises for which NYC registration is required, Petitioner's HPD registration number is [____________________], Petitioner has filed the required registration statement, and its receipt is attached as Exhibit [__] (NYC Admin. Code § 27-2107(b)). An owner who has not complied with required registration cannot recover possession for nonpayment during the period of noncompliance; rent recovery is also restricted by Multiple Dwelling Law § 325(2).

3.2 Respondent's Interest — RPAPL § 741(2)

4. Respondent [TENANT NAME] is the tenant of the Premises and entered into possession pursuant to a [written / oral] lease dated [__/__/____] at a rent of $[__________] per month, payable on the [____] day of each month.

5. The current term of the tenancy [began on __/__/____ and expired on __/__/____] (or) [is a month-to-month tenancy commenced __/__/____].

6. Respondents "John Doe" and "Jane Doe" are persons in possession or claiming possession of the Premises whose true names are presently unknown to Petitioner; Petitioner reserves the right to amend this Petition upon ascertaining their true names.

3.3 Description of Premises — RPAPL § 741(3)

7. The Premises sought to be recovered are described as: [STREET ADDRESS, APT/UNIT NO., CITY, COUNTY, NY ZIP], consisting of [____] room(s) located on the [____] floor of the building.

8. The Premises are used by Respondent for: ☐ residential dwelling purposes; ☐ commercial purposes; ☐ mixed use ([describe]).

3.4 Regulatory Status

9. The Premises are (check one):

☐ Subject to rent stabilization under the Rent Stabilization Law (NYC Admin. Code §§ 26-501 et seq.) and the Emergency Tenant Protection Act, and Petitioner has complied with all applicable Rent Stabilization Code requirements (9 NYCRR Parts 2520-2531), including issuance of any required DHCR forms.

☐ Subject to rent control.

☐ Not subject to any system of rent regulation.

☐ A unit of an Article 7-C loft (Loft Law) building.

☐ Subsidized housing — type: [____________________] (NYCHA / Section 8 PBV / Mitchell-Lama / HUD / other). All program-required predicate notices, grievance procedures, and certifications have been satisfied.

9A. Good Cause Eviction disclosures — RPAPL § 741(5-a) and (5-b).

☐ The current Real Property Law § 231-c notice is appended to or incorporated into this Petition and states whether the Premises are subject to Real Property Law article 6-A.

☐ If an exemption is claimed, the notice and Petition state the specific exemption; if the small-landlord exemption under Real Property Law § 214(1) is claimed, the additional ownership information required by RPAPL § 741(5-b) is included.

☐ If a covered lease is not being renewed, the lawful basis for nonrenewal is stated. If an existing covered lease has a rent increase above the applicable local rent standard, the justification is stated.

3.5 Facts Upon Which the Special Proceeding Is Based — RPAPL § 741(4)

[For a NONPAYMENT proceeding under RPAPL § 711(2):]

10. Respondent has defaulted in the payment of rent pursuant to the agreement under which the Premises are held. The following rent installments are unpaid:

TOTAL RENT DUE: $[__________]

11. On [__/__/____], a Fourteen (14) Day Notice to Pay Rent or Quit, with the completed Good Cause Eviction Law notice required by RPL § 231-c appended or incorporated, was duly served upon Respondent in compliance with RPAPL §§ 711(2) and 735. The complete demand, statutory attachment, and affidavit of service are annexed as Exhibit A. The fourteen-day period expired on [__/__/____], and Respondent has neither paid the rent nor surrendered possession.

12. Petitioner has complied with RPL § 235-e(d) by sending notice(s) of non-receipt of rent within five (5) days of the rent due date by certified mail; copies are annexed hereto as Exhibit B.

[For a HOLDOVER proceeding under RPAPL § 711(1):]

10. (Lease expiration / non-renewal): The lease expired by its terms on [__/__/____], and on [__/__/____], at least [30 / 60 / 90] days prior to the expiration date, Petitioner duly served upon Respondent a Notice of Non-Renewal of Tenancy pursuant to RPL § 226-c, a copy of which (with affidavit of service) is annexed hereto as Exhibit A. Despite the expiration of the lease, Respondent continues in possession of the Premises without the permission of Petitioner.

11. (Breach of substantial obligation): On [__/__/____], Petitioner duly served upon Respondent a Ten (10) Day Notice to Cure pursuant to the lease and (where applicable) 9 NYCRR § 2524.3(a), a copy of which (with affidavit of service) is annexed hereto as Exhibit A, identifying the following violation(s) of the lease: [____________________]. Respondent failed to cure within the cure period, and on [__/__/____], Petitioner duly served a Notice of Termination terminating the tenancy as of [__/__/____], a copy of which (with affidavit of service) is annexed hereto as Exhibit B. Respondent continues in possession of the Premises beyond the Termination Date without the permission of Petitioner.

12. (Month-to-month termination): On [__/__/____], at least [30 / 60 / 90] days prior to the Termination Date, Petitioner duly served upon Respondent a Notice of Termination pursuant to RPL §§ 226-c, 232-a / 232-b, terminating the month-to-month tenancy as of [__/__/____]. A copy is annexed hereto as Exhibit A. Respondent continues in possession beyond the Termination Date without permission.

3.6 Use and Occupancy

13. The fair value of the use and occupancy of the Premises is $[__________] per month, equal to the last-agreed rent.

14. Petitioner reserves the right to amend the demand to include rent and use and occupancy accruing after the date of this Petition through entry of judgment and surrender of possession.

3.7 No Prior Proceeding / Pending Application

15. No prior special proceeding to recover possession of the Premises has been brought between the parties on the same grounds, except as follows: [None / describe].

16. There is no pending bankruptcy stay (11 U.S.C. § 362) or other stay barring this proceeding, to Petitioner's knowledge after diligent inquiry.

3.8 Service-Member and VAWA Status

17. Petitioner has made diligent inquiry and, upon information and belief, Respondent is not a member of the military service entitled to protections under the federal Servicemembers Civil Relief Act, 50 U.S.C. §§ 3901-4043, or the New York Soldiers' and Sailors' Civil Relief Act (Mil. L. art. 13).

18. This proceeding is not brought, in whole or in part, against Respondent because of the Respondent's status as a victim of domestic violence (RPAPL § 744) or in retaliation for protected activity (RPL § 223-b).

3.9 Relief Sought — RPAPL § 741(5)

WHEREFORE, Petitioner respectfully requests that the Court enter a final judgment:

(a) Awarding Petitioner possession of the Premises and the issuance of a warrant of eviction directing the Sheriff or Marshal to remove the Respondents and all other persons from the Premises in accordance with law;

(b) Awarding Petitioner a money judgment against Respondent in the amount of $[__________] for unpaid rent (in nonpayment proceedings) or use and occupancy from the Termination Date through the date of surrender (in holdover proceedings), together with rent and use and occupancy accruing after the date of this Petition, plus pre- and post-judgment interest as allowed by law;

(c) Awarding Petitioner the statutory costs of this proceeding under RPAPL § 747; no attorney's fees or other nonrent fees, charges, or penalties are sought in this residential summary proceeding under RPAPL § 702; and

(d) Granting such other and further relief as the Court deems just and proper.

4. VERIFICATION — RPAPL § 741

STATE OF NEW YORK
COUNTY OF [____________________] ss.:

[LANDLORD NAME / AGENT NAME], being duly sworn, deposes and says:

1. I am [the Petitioner / a duly authorized agent of the Petitioner / the attorney for Petitioner with knowledge of the matters herein] and am authorized to verify this Petition pursuant to RPAPL § 741 and CPLR § 3020(d).

2. I have read the foregoing Petition and know the contents thereof. The same is true to my own knowledge, except as to those matters stated upon information and belief, and as to those matters, I believe them to be true.

3. The grounds of my belief as to all matters not stated upon my own knowledge are: [books and records of the Petitioner; communications with the Petitioner; the lease and rent ledger; observation of the Premises; etc.].

[________________________________]
[NAME], Verifier

Sworn to before me this [____] day of [____________], 20[____].

[________________________________]
Notary Public, State of New York
Commission Expires: [__/__/____]

5. EXHIBITS INDEX

6. CERTIFICATE OF SERVICE — RPAPL § 735

I, [SERVER NAME], hereby certify under penalty of perjury that on [__/__/____] I served a true copy of the foregoing Notice of Petition, Petition, and all Exhibits upon Respondent(s) at the Premises in the manner prescribed by RPAPL § 735 as detailed in the accompanying Affidavit of Service filed herewith.

[________________________________]
[SERVER NAME]

Date: [__/__/____]

7. SOURCES AND REFERENCES

• RPAPL § 711 — Grounds where landlord-tenant relationship exists. https://www.nysenate.gov/legislation/laws/RPA/711
• RPAPL § 721 — Person who may maintain proceeding. https://www.nysenate.gov/legislation/laws/RPA/721
• RPAPL § 731 — Commencement; notice of petition. https://www.nysenate.gov/legislation/laws/RPA/731
• RPAPL § 733 — Response and service timing; 10-17 day completion window for proceedings other than nonpayment. https://www.nysenate.gov/legislation/laws/RPA/733
• RPAPL § 735 — Manner of service; filing; when service complete. https://www.nysenate.gov/legislation/laws/RPA/735
• RPAPL § 741 — Contents of petition. https://www.nysenate.gov/legislation/laws/RPA/741
• RPAPL § 743 — Answer. https://www.nysenate.gov/legislation/laws/RPA/743
• RPAPL § 744 — Eviction based on domestic violence victim status prohibited. https://www.nysenate.gov/legislation/laws/RPA/744
• RPAPL § 749 — Warrant, enforcement notice, and nonpayment cure before execution. https://www.nysenate.gov/legislation/laws/RPA/749
• RPAPL § 753 — Stay of warrant; 30-day cure stay. https://www.nysenate.gov/legislation/laws/RPA/753
• RPL § 223-b — Retaliation. https://www.nysenate.gov/legislation/laws/RPP/223-B
• RPL § 226-c — Sliding-scale termination notice. https://www.nysenate.gov/legislation/laws/RPP/226-C
• RPL § 235-b — Warranty of habitability. https://www.nysenate.gov/legislation/laws/RPP/235-B
• RPL § 235-e — Duty to provide written notice of non-receipt of rent. https://www.nysenate.gov/legislation/laws/RPP/235-E
• RPL § 238-a — Limitation on fees / late-fee cap. https://www.nysenate.gov/legislation/laws/RPP/238-A
• NY Civ. Ct. Act § 110 — NYC Housing Part jurisdiction. https://www.nysenate.gov/legislation/laws/CCA/110
• NYC Civil Court — Housing Help Center. https://www.nycourts.gov/courts/nyc/housing/index.shtml
• NYC Right to Counsel — NYC Admin. Code §§ 26-1301 et seq. https://www1.nyc.gov/site/hra/help/legal-services-for-tenants.page
• NYS Office of Court Administration — Eviction Resources. https://www.nycourts.gov/courthelp/Homes/eviction.shtml
• HSTPA 2019 — NYS Bar Ass'n. https://nysba.org/nys-housing-stability-and-tenant-protection-act-of-2019-part-iii-what-lawyers-must-know/
• NYS Attorney General — Residential Tenants' Rights Guide. https://ag.ny.gov/publications/residential-tenants-rights-guide

End of Notice of Petition and Petition — New York Summary Proceeding.