New York City Civil Court - Housing Part
Eviction
In General
The Notice of Eviction
Contents of the Notice of Eviction
Re-service of the Notice of Eviction
Special Rules For Children, Mentally
Ill, Handicapped, Elderly or Others
Removal of Property and Animals
Items Not To Be Removed
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. Before you can be evicted, the marshal must serve a marshal’s notice, also called a notice of eviction.
This section will explain all about the notice of eviction and the eviction. If you are looking for information on how to stop an eviction, click on Stopping an Eviction. If you have already been evicted, but you think the eviction was improper, click on Restore to Possession. If you have already been evicted, and never received any court papers, click on Illegal Lock-out.
Before executing the warrant the sheriff or marshal must give notice in writing to the persons to be evicted. The marshal may perform an eviction or obtain legal possession between 8:00 a.m. and 5:00 p.m., Monday through Friday, except on legal holidays.
The Notice of Eviction must be served the same way as a notice of petition and petition is served. To read more about this click on Service of the Notice of Petition and Petition. The eviction can occur on or after the fifteenth day after the notice of eviction is served.
Contents of the Notice of Eviction
The New York City Department of Investigation, Marshals Bureau, which regulates New York City Marshals, has required the use of a specific form for a Notice of Eviction.
Re-service of the Notice of Eviction
The purpose of the Notice of Eviction is make sure that the respondent has adequate advanced warning of an eviction. If the notice becomes stale after delivery, it can no longer be used.
Marshals are required to give an additional notice of eviction
in two situations:
1) Where thirty days have passed since the earliest eviction
date specified by the previous Notice of Eviction and the
warrant has not yet been executed; or
2) where a court order stays the eviction after service of
the Notice of Eviction and the stay later expires or is vacated,
unless the court specifically gives the petitioner permission
to evict respondent without serving a new Notice of Eviction.
In that situation the petitioner may evict without re-serving
an eviction notice as long as the warrant of eviction is executed
within three business days of the earliest date of eviction
authorized by the court.
The new marshal's notice must be served in the same way as the original notice unless the court orders otherwise, and must also give the tenant 14 days notice of the eviction.
Special Rules For Children, Mentally Ill, Handicapped, Elderly or Others
The marshal is required to find out in advance if the premises is occupied by any individual unable to fend for themselves, and if so, to notify the Department of Investigation before scheduling the eviction. The marshal must notify local police if unattended children are found at an eviction site. If, upon arriving at the premises, the marshal discovers that the tenant or any occupants of the unit are mentally ill, handicapped, elderly, or otherwise unable to care for themselves, the marshal must notify the Department of Investigation and the appropriate social welfare agency. The eviction must be postponed for approximately two weeks to give the appropriate social service agency an opportunity to provide assistance to such occupants.
Removal of Property and Animals
The landlord may choose between having the marshal perform an eviction or having the marshal obtain legal possession. In both, the marshal returns control of the premises to the landlord. For an eviction, the marshal must hire a bonded moving company licensed by the New York State Department of Transportation, and must direct the moving company to deliver the items removed from the premises to a warehouse licensed by the Department of Consumer Affairs. In a legal possession, the tenant's personal property remains under the care and control of the landlord until the tenant can arrange to transport the property to another location.
If the marshal finds any living animals, he or she must notify Animal Rescue to remove the animals.
The marshal is required to prepare a written inventory of all items contained in the premises of any tenant to be evicted.
If the tenant is present at the eviction, the tenant has the right to remove any property or valuables. Property can also be released to a relative, friend or neighbor, if the marshal is satisfied that the person has the authority to take the property.
Money found and taken by the marshal must be left in the custody of the local police station, or in the marshal’s office if delivery to the police station is not possible.
After the warrant has been executed the marshal is required to notify the evicted tenants of the location of their property.
Items Not
To Be Removed
The following articles are not to be removed from the premises:
food, groceries, dishes encrusted with food, any fixture so
attached to the realty that its removal will cause damage
to the realty, rugs and wall-to-wall carpets which are firmly
affixed to the floor, linoleum or tiles.
