🏛️ NYC Nonpayment Petition

Housing Court Nonpayment Proceeding — Commence Eviction

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NYC Housing Court — Nonpayment Proceeding: To commence a nonpayment eviction in NYC Housing Court, you must first serve a proper rent demand, then file this petition. A 14-day rent demand must be served before filing. The petition must state the exact amount owed by month. Errors in the petition can result in dismissal. Consider consulting a housing attorney for complex cases.

🏛️ Court & Index

👔 Petitioner (Landlord)

👤 Respondent (Tenant)

💰 Rent Arrears

14-Day Demand Required: Before filing, you must have served a proper 14-day written demand for rent. See NY 14-Day Notice to Quit. Attach proof of service to your petition filing.

✏️ Petitioner Verification

Petitioner Signature
Petitioner or Authorized Agent Signature
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NYC Nonpayment Petition — Housing Court Guide

A nonpayment proceeding in NYC Housing Court is commenced by filing a nonpayment petition. The process begins with proper service of a rent demand (14-day notice), followed by filing this petition with the court, serving it on the tenant, and appearing on the return date.

Required Steps Before Filing

  • 14-day rent demand: Must be served on the tenant before the petition can be filed. See the 14-Day Notice to Quit
  • DHCR registration: For stabilized units, the apartment must be properly registered
  • Rent breakdown: The petition must itemize arrears by month — lump sum amounts are insufficient

Service of Petition

After filing, the petition and notice of petition must be served on the tenant in accordance with RPAPL § 735. Improper service is one of the most common grounds for dismissal. See Affidavit of Service.

⚖ Legal Disclaimer

This form is for informational purposes only and does not constitute legal advice. New York landlord-tenant law is complex and varies between upstate NY and NYC. Improper notice or procedure can result in case dismissal and penalties. Consult a qualified New York landlord-tenant attorney before proceeding. See our editorial standards for accuracy details.