Section 8 Eviction Process in NYC: Grounds, Notices, Court
Quick answerIn New York City, as of October 2026, an owner can end a Section 8 tenancy only through a Housing Court case, and only on a ground the HUD tenancy addendum allows: a serious or repeated lease violation, a violation of law, certain crime or alcohol abuse, or other good cause. State law sets the notices. The housing agency must get a copy of every eviction notice, and NYCHA requires its eviction certification before two kinds of case.
- 14 daysminimum written rent demand before a nonpayment case
- 30, 60 or 90 daysnotice that a residential tenancy will not be renewed
- 10 dayswritten notice to stop a violation under the Good Cause Eviction Law
- Same timewhen the agency must get a copy of an eviction notice
- Form 059.518NYCHA's certification, required before two kinds of case
- 14 daysthe marshal's written notice before an eviction
This article states the law and is not legal advice.
Valid Grounds for Eviction
During the lease term, the owner may end a Section 8 tenancy only for the grounds in the HUD tenancy addendum, and some of them are closed during the initial term.
The initial term is the first lease term, at least one year unless the agency approves less (24 CFR 982.309).
| Ground | Initial term | After the initial term | Citation |
|---|---|---|---|
| Serious or repeated lease violation, including unpaid rent | Allowed | Allowed | 24 CFR 982.310(a)(1); addendum 8.b(1) |
| Violation of a law that imposes obligations on the tenant in occupying or using the unit | Allowed | Allowed | 982.310(a)(2); addendum 8.b(2) |
| Drug-related or violent crime on or near the premises, or crime that threatens residents or neighbors | Allowed | Allowed | 982.310(c); addendum 8.c(1) |
| A household member fleeing a felony prosecution or violating probation or parole | Allowed | Allowed | 982.310(c)(2)(ii); addendum 8.c(2) |
| Alcohol abuse that threatens other residents | Allowed | Allowed | Addendum 8.c(4) |
| Other good cause the family caused: disturbing neighbors, destroying property, damaging the unit | Allowed | Allowed | 982.310(d)(2); addendum 8.d(1) and (2) |
| Other good cause: the family will not accept a new lease or revision | Not allowed | Allowed | 982.310(d)(1) and (d)(2); addendum 8.d(3) |
| Other good cause: owner's personal, family or non-rental use | Not allowed | Allowed | 982.310(d)(1) and (d)(2); addendum 8.d(3) |
| Other good cause: business reason such as sale, renovation or a higher rent | Not allowed | Allowed | 982.310(d)(1) and (d)(2); addendum 8.d(3) |
| The agency did not pay, or paid late | Never | Never | 982.310(b) |
| Domestic violence, dating violence, sexual assault or stalking, held against the victim | Never | Never | Addendum 9.f(3) |
What it means: the addendum says its examples "do not preempt any State or local laws to the contrary," so rent stabilization and Good Cause Eviction can still close the three later grounds.
Source: 24 CFR 982.310; form HUD-52641-A, sections 8 and 9.
Nonpayment of the tenant's share is covered step by step in what to do when a Section 8 tenant does not pay their portion.
The federal notice rules
Federal rules require two things: a written notice of the grounds to the tenant, and a copy of every eviction notice to the housing agency.
- Notice of grounds: written, to the tenant, at or before the start of the court case (24 CFR 982.310, paragraph (e)(1)).
- Copy to the agency: the owner "must give the PHA a copy of any owner eviction notice," meaning a notice to vacate or the petition, "at the same time the owner notifies the tenant" (982.310(e)(2); addendum section 11).
Does the 30-day notice rule for nonpayment cover vouchers?
No. HUD wrote that its 30-day rule "does not apply" to the Housing Choice Voucher program.
- December 13, 2024HUD publishes the final rule (89 FR 101270), effective January 13, 2025, for public housing agencies and owners with project-based rental assistance.
- February 26, 2026HUD publishes an interim final rule (91 FR 9449) to revoke it.
- March 13, 2026HUD delays the revocation indefinitely (91 FR 12301) and treats it as a proposed rule.
- October 7, 2026no later document appears in a Federal Register search.
What it means: the rule remains in force for the programs it covers.
Source: Federal Register, December 13, 2024, February 26, 2026 and March 13, 2026.
Watch outA separate federal 30-day notice to vacate may apply.A separate statute, the CARES Act, bars the lessor of a "covered dwelling" from requiring a tenant to vacate until 30 days after a notice to vacate, and its covered properties include those in a program under 42 U.S.C. 1437f, the Section 8 statute (15 U.S.C. 9058). VoucherMatch found no court system page on how Housing Court applies it.
Notice Requirements
New York law sets the notice for each kind of case, and the federal rule adds the agency as a recipient.
| Notice | Law | How long | Who receives it |
|---|---|---|---|
| Rent not received | Real Property Law 235-e(d) | Sent when rent is more than 5 days late | Tenant, by certified mail |
| Written rent demand | RPAPL 711(2) | At least 14 days before a nonpayment case | Tenant, with the Good Cause notice attached; copy to the agency |
| Non-renewal, or ending a month-to-month tenancy | Real Property Law 226-c and 232-a | 30 days under one year; 60 days from one to two years; 90 days over two years | Tenant, with the Good Cause notice attached; copy to the agency |
| Notice to stop a lease violation, where the Good Cause law covers the unit | Real Property Law 216(1)(b) | 10 days from receipt | Tenant |
| Notice of grounds | 24 CFR 982.310(e)(1) | At or before the start of the case | Tenant |
| Copy of any eviction notice | 24 CFR 982.310(e)(2); addendum 11 | Same time as the tenant | NYCHA, HPD or HCR |
| Certification of Basis for Eviction, Form 059.518 | NYCHA Property Owner Guide | Before the case starts | NYCHA, with proof it was mailed to the tenant |
| Notice that the owner will not renew the lease or the HAP contract | NYCHA plan XIV.K; HPD plan 15.9 | 60 days before the lease term ends | NYCHA or HPD |
| Notice of eviction | RPAPL 749(2) | At least 14 days | Tenant, served by the marshal |
What it means: the 30, 60 or 90 days follow the tenant's time in the unit or the lease length, whichever is longer, and a late notice extends the tenancy.
Source: Real Property Law 235-e, 226-c, 232-a and 216; RPAPL 711 and 749; NYCHA Administrative Plan; HPD Administrative Plan.
The Good Cause notice must also be attached to every initial and renewal lease and to the petition (Real Property Law 231-c).
Good Cause Eviction and a Section 8 tenancy
The Good Cause Eviction Law (Real Property Law Article 6-A) applies in New York City and covers every housing accommodation except the ones it lists.
It took effect on April 20, 2024, by DHCR's account. Where it applies, a landlord may not remove a tenant, or decline to renew, without a ground in section 216.
- Small landlord10 units or fewer in the state.
- Owner-occupied buildingno more than 10 units.
- Already regulated"otherwise subject to regulation of rents or evictions pursuant to local, state or federal law, rule, or regulation," such as a rent-stabilized apartment.
- Income-restrictedaffordable at a set income level under a statute or regulatory agreement.
- Newer buildingscertificate of occupancy issued on or after January 1, 2009, for 30 years.
- High rentmonthly rent above 245% of fair market rent. DHCR's 2026 notice lists $7,130 for a two-bedroom in the five boroughs.
What it means: none of the 15 exemptions names the voucher program.
Source: Real Property Law 212, 214, 215 and 211; DHCR Good Cause Eviction notice, posted July 16, 2026.
VoucherMatch found no statute text, agency page or court page that says whether a voucher alone makes a unit "subject to regulation of rents or evictions." NYCHA tells owners they "must comply with all state and local laws governing eviction proceedings, including Good Cause Eviction or rent regulation procedures if they apply to the Participant's unit" (NYCHA owner FAQ, March 2026).
For rent-stabilized units, NYCHA's and HPD's plans say a tenant in good standing must be offered a renewal lease with the voucher as a material term. What a voucher lease has to contain is in Section 8 lease requirements in NYC.
The NYCHA Certification Requirement
NYCHA requires Form 059.518, the Certification of Basis for Eviction, before the owner starts a court case on either of two grounds.
- Nonpayment of the tenant's portion of the rent.
- A holdover the owner plans because the subsidy was terminated or suspended.
The form goes in "along with proof you also mailed this form to the tenant," on the Owner Extranet under the "Eviction Cert" tab. If NYCHA objects, the owner "may continue in Housing Court but must also name NYCHA as a co-defendant" (NYCHA Property Owner Guide).
The requirement comes from a 1995 federal consent judgment, Williams v. NYCHA, which calls for "a single proceeding against the tenant and the Authority" when NYCHA objects (2018 decision).
Watch outServing NYCHA by regular mail only got a case dismissed.That decision says "strict compliance" is required and cites a 1997 holdover dismissed because the petition was served on NYCHA "by regular mail only." NYCHA's public pages do not state how it must be served.
What HPD and HCR require
HPD and HCR publish no pre-filing certification.
| Agency | What its documents require of the owner | Where |
|---|---|---|
| HPD | A copy of any eviction notice; 60 days' notice if the owner will not renew; notice within 30 days of learning the family moved out | Tenancy addendum 11; HPD plan 15.9 and 11.3.4 |
| NYS HCR | A copy of any eviction notice; eviction documents within 5 business days after a court-ordered eviction | HCR plan 12-III.C |
What it means: HCR's plan says termination of a tenancy "is a matter between the owner and the family; the PHA is not directly involved." Not sure which agency holds the voucher? See HPD vs NYCHA Section 8.
Source: the documents named in the table, with HCR's Administrative Plan.
Types of Eviction Cases
Housing Court hears two kinds of eviction case: a nonpayment case to collect rent, and a holdover case to evict "for reasons other than simple nonpayment of rent."
- Nonpaymentthe tenant owes rent. The full sequence is in the nonpayment article.
- Holdover after a lease violation or other causethe court lists Notices to Cure, of Termination and of Intent Not to Renew as predicate notices.
- Holdover after the lease endsneeds the 30, 60 or 90 day notice.
- Holdover after the subsidy is terminated or suspendedfor NYCHA vouchers, needs Form 059.518 first.
What it means: the court says a holdover "is much more complicated than a nonpayment case."
The Housing Court Process
A case moves from the owner's notice to the clerk, a Resolution Part, a possible trial, a judgment and a marshal.
- 1Ownerserves the notice state law requires for the ground.
- 2Ownergives the agency a copy at the same time. NYCHA's certification, where required, goes in first.
- 3Ownerbuys an index number at the Landlord-Tenant Clerk's Office in the county where the building is, serves the notice of petition and petition, and gives the agency a copy.
- 4Tenantmay ask for a free lawyer and is entitled to one adjournment of at least 14 days.
- 5Judge or court attorneymeets both sides in a Resolution Part to see whether the case can settle.
- 6Owner and tenantsign a Stipulation of Settlement, or the case is sent to a Trial Part on a later day.
- 7Courtenters a judgment and issues a warrant. In a lease-breach case it stays the warrant 30 days so the tenant can correct the breach.
- 8Marshalserves a notice of eviction at least 14 days ahead and carries out the warrant.
- 9Agencyends the housing assistance payment and decides what happens to the voucher.
What it means: the court's page says "no one can force anyone to settle a case or sign an agreement."
Source: NYC Housing Court, Starting a Holdover Case, Resolution Part and Eviction; RPAPL 749 and 753.
The court may also stay a warrant up to one year for hardship (RPAPL 753, subdivision 1), and publishes no figure for how long a case takes.
The tenant's right to a lawyer
Tenants in holdover and nonpayment cases can get a free lawyer under the city's Universal Access law if household income is under the court's chart.
- Income chart: $29,160 for one person and $60,000 for four. The court's page does not date the chart.
- Who provides it: the city's Office of Civil Justice, "in every ZIP code, regardless of immigration status."
- How tenants reach it: Housing Court Answers at 718-557-1379 or 212-962-4795, weekdays 9 to 5, or 311.
Source: NYC Housing Court, Universal Access to Legal Services Law; HRA, Legal Services for Tenants. How a judgment follows a tenant afterwards is in renting with an eviction record in NYC.
What a judgment may include
A money judgment against the tenant may include the tenant's share of the rent and nothing owed by the agency.
- NYCHA vouchers: the consent judgment bars a nonpayment case "that seeks a judgment against the tenant for the subsidy portion of the rent," as quoted in the 2018 decision above.
- State law: "No fees, charges or penalties other than rent may be sought in a summary proceeding" (RPAPL 702).
How the agency's own share is paid and corrected is in how Section 8 landlords get paid.
What the owner may not do
Three statutes limit how and why an owner may remove a tenant.
| Conduct | What the statute says | Consequence in the statute |
|---|---|---|
| Self-help eviction | Unlawful to evict, or try to evict, a lawful occupant of 30 days or a leaseholder except under a warrant or court order. Named acts: force or threats, cutting essential services, removing possessions or the door, changing the lock without giving a key | Class A misdemeanor; civil penalty of $1,000 to $10,000 per violation; up to $100 a day, for up to six months, for failing to restore the occupant |
| Retaliation | No notice to quit, court case or substantial change to the tenancy in retaliation for a good-faith health or safety complaint, for enforcing rights under the lease or housing law, or for joining a tenants' organization | Judgment for the tenant; a civil action for damages and attorney's fees; retaliation is presumed within one year of the complaint |
| Source of income discrimination | Unlawful to refuse to rent, to "deny to or withhold" housing, or to discriminate in the terms of a rental because of lawful source of income | An unlawful discriminatory practice under the state Human Rights Law. HPD's plan adds that the city's Local Law 10 of 2008 covers Section 8 |
What it means: RPAPL 711 adds that no tenant "shall be removed from possession except in a special proceeding."
Source: RPAPL 768; NYC Administrative Code 26-521; Real Property Law 223-b; Executive Law 296, subdivision 5.
The retaliation law exempts owner-occupied buildings with fewer than four units. The city's voucher discrimination rules are explained in can a landlord refuse Section 8 in NYC.
What Makes Section 8 Evictions Different
Three things differ from an unassisted tenancy: federal grounds, an agency that receives the papers, and a subsidy with its own end rules.
What happens to the HAP contract when the tenant is evicted or moves
The housing assistance payment continues during the case, and the HAP contract ends when the lease is terminated or the family moves out.
- Case started, family still in the unitthe agency must keep paying until the owner has a court judgment allowing the eviction. NYCHA and HPD pay until the household is evicted or moves out.
- Lease terminated or family moves outthe HAP contract terminates automatically. The owner may keep the payment for the month of the move-out and nothing after it.
- Eviction for a serious lease violationthe agency must terminate the family's assistance.
- Tenancy ended for another reasonHCR's plan says the agency may issue a new voucher so the family can move with assistance.
What it means: the agency decides the voucher after its own notice and hearing, described in how to appeal a Section 8 termination in NYC.
Source: 24 CFR 982.311; form HUD-52641, Part B section 4; 24 CFR 982.552, paragraph (b)(2); NYCHA plan XVI.A; HPD plan 11.3.3 and 11.3.4; HCR plan 12-III.E.
Federal rules also let a family ask to move with its voucher once the owner has given a notice to vacate or started a case (24 CFR 982.354). The tenant's steps are in Section 8 transfers in NYC.
Practical Considerations
Federal rules leave the decision to the owner: where the law permits an eviction but does not require one, the owner "may take or not take the action."
- Other household members. the effect on members who were not involved.
- Seriousness and responsibility. how serious the action was and what the leaseholder did to prevent it.
- Removing one person. the owner may require a culpable member to leave so the rest can stay.
Source: 24 CFR 982.310, paragraph (h).
For unpaid rent, the city's emergency grant can pay arrears without a court case. See how to apply for a One-Shot Deal.
Resources for Landlords
These pages hold the forms and rules cited.
Frequently Asked Questions
Can a landlord evict a Section 8 tenant in NYC? Yes, through Housing Court only, on the grounds in 24 CFR 982.310 and the HUD tenancy addendum, with the state notices above.
Can you evict a Section 8 tenant if NYCHA does not pay its share? No. The federal rule says the agency's failure to pay "is not a violation of the lease."
What form do you file with NYCHA before evicting a Section 8 tenant? NYCHA Form 059.518, the Certification of Basis for Eviction.
- Required before: a nonpayment case
- Required before: a holdover after a terminated or suspended subsidy
What happens if NYCHA objects to the eviction? The owner may continue in Housing Court but must name NYCHA as a co-defendant.
How long does it take to evict a Section 8 tenant in NYC? The court system publishes no figure; the periods fixed by law are in the notices table and the stage diagram.
Does NYCHA keep paying rent during an eviction case? Yes, while the family lives in the unit, until the owner has a judgment allowing eviction.
- NYCHA and HPD: pay until eviction or move-out
Does the Good Cause Eviction Law apply to a Section 8 tenant? It depends on the unit: no exemption names vouchers.
Can a landlord refuse to renew a Section 8 lease in NYC? Only where the law allows it.
- Rent-stabilized: a renewal must be offered
- Good Cause unit: a listed ground is required
- Every unit: 30, 60 or 90 days' written notice
For tenants: call 311 and ask for the Tenant Helpline, and ask for a free lawyer at the first court date.
Have a vacancy to fill? List your property on VoucherMatch to reach voucher holders who are searching now.
How this article was checked
Last checked: October 7, 2026, against 24 CFR 982.309 to 982.311, 982.354 and 982.552; HUD forms HUD-52641 and HUD-52641-A; the Federal Register; 15 U.S.C. 9058; Real Property Law Article 6-A, 223-b, 226-c, 231-c, 232-a and 235-e; RPAPL 702, 711, 749, 753 and 768; Executive Law 296; NYC Administrative Code 26-521; the NYCHA, HPD and HCR administrative plans; DHCR's 2026 Good Cause notice; and NYC Housing Court pages.
Sources for this article (43)
- 24 CFR 982.309 (ecfr.gov)
- 24 CFR 982.310 (ecfr.gov)
- form HUD-52641-A (hud.gov)
- December 13, 2024 (federalregister.gov)
- February 26, 2026 (federalregister.gov)
- March 13, 2026 (federalregister.gov)
- 15 U.S.C. 9058 (govinfo.gov)
- Real Property Law 235-e (newyork.public.law)
- 226-c (newyork.public.law)
- 232-a (newyork.public.law)
- 216 (newyork.public.law)
- RPAPL 711 (newyork.public.law)
- 749 (newyork.public.law)
- NYCHA Administrative Plan (nyc.gov)
- HPD Administrative Plan (nyc.gov)
- Real Property Law 231-c (newyork.public.law)
- Real Property Law 212 (newyork.public.law)
- 214 (newyork.public.law)
- 215 (newyork.public.law)
- 211 (newyork.public.law)
- DHCR Good Cause Eviction notice, posted July 16, 2026 (hcr.ny.gov)
- NYCHA owner FAQ, March 2026 (nyc.gov)
- Owner Extranet (eapps.nycha.info)
- NYCHA Property Owner Guide (nyc.gov)
- 2018 decision (nycourts.gov)
- HCR's Administrative Plan (hcr.ny.gov)
- NYC Housing Court, Starting a Holdover Case (nycourts.gov)
- Resolution Part (nycourts.gov)
- Eviction (nycourts.gov)
- 753 (newyork.public.law)
- NYC Housing Court, Universal Access to Legal Services Law (nycourts.gov)
- HRA, Legal Services for Tenants (nyc.gov)
- RPAPL 702 (newyork.public.law)
- RPAPL 768 (newyork.public.law)
- NYC Administrative Code 26-521 (nycadmincode.readthedocs.io)
- Real Property Law 223-b (newyork.public.law)
- Executive Law 296 (newyork.public.law)
- 24 CFR 982.311 (ecfr.gov)
- form HUD-52641 (hud.gov)
- 24 CFR 982.552 (ecfr.gov)
- 24 CFR 982.354 (ecfr.gov)
- NYC Housing Court: holdover proceedings (nycourts.gov)
- DHCR Good Cause Eviction page (hcr.ny.gov)
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