Navigating a Holdover Proceeding in New York Housing Court: What to Expect, Notices, and Timelines

What is a Holdover Proceeding?

A holdover is a summary eviction proceeding initiated by a landlord seeking to regain possession of a rental unit from a tenant or occupant who no longer has a legal right to stay. A tenant can be current on rent and still be subject to a holdover proceeding if his/her tenancy has lawfully ended. 

For more information, see our Holdover Proceedings page.

Types of holdover proceedings and notice

Holdover proceedings can arise in several different circumstances. Identifying the type of holdover is important because it determines the predicate notice a landlord must serve on a tenant or occupant prior to the commencement of the proceeding. 



Common types of holdover proceedings and notices are:

1. Licensee

A licensee is someone who occupies a unit with the tenant’s permission but is not on the lease. When the tenant vacates, the licensee is left behind in the apartment. A licensee can include former roommates, family members, or extended guests. The landlord must serve a notice to quit, which gives the occupant an opportunity to voluntarily vacate the premises. If the occupant refuses to vacate, then a holdover proceeding is necessary to regain possession.

2. Nuisance

Holdover proceedings may be brought when a tenant or occupant’s conduct constitutes a nuisance or interferes with another tenant’s rights. Examples include illegal activity, repeated disturbances, and actions that damage the unit or building. A notice to cure is required in nuisance holdovers to provide the tenant an opportunity to correct the behavior. If the nuisance is not cured in the notice timeframe, and continues after the cure date, the landlord may proceed with termination notice. 

3. Non-Primary Residence

A tenant’s failure to use a rental unit as his/her primary residence may result in a holdover proceeding. This is particularly important in rent-stabilized apartments, where the tenant’s primary residence status is a key factor for continued occupancy. A notice of termination is required. The length of the notice period is determined by the duration of the tenancy.

4. Lease Termination or Non-Renewal

A landlord may issue a notice electing to terminate or not renew a tenant’s lease. If the tenant does not vacate after the provided notice of termination period, a holdover proceeding may follow.

5. Failure to Sign Lease Renewal

When a tenant fails to sign a lease renewal after being offered one, the landlord typically provides a notice to execute. If the tenant fails to sign within the notice period, the landlord may bring a holdover proceeding to regain possession once the prior lease expires. 

6. Failure to Recertify (Low-Income Housing)

In regulated or subsidized housing, tenants may be required to periodically recertify their income or eligibility. A written notice of failure to recertify is generally provided, informing the tenant that their continued occupancy is contingent on recertification. Failure to do so can result in a holdover proceeding to recover the unit.

Process

Understanding the timeline and steps of a holdover proceeding can help landlords and tenants navigate the process efficiently and know what to expect at each stage of the case. The exact timing varies by court and case; however, the typical progression in New York housing court is as follows:

1. Service of Predicate Notice

The first formal step is service of appropriate notice based on the type of tenancy:

• 30 days: Tenants who have occupied the unit for less than one year
• 60 days: Tenants who occupied between one and two years
• 90 days: Tenants for over two years or rent-regulated units

Proper service and correct notice periods are essential, as the failure to do so can result in dismissal of the case. 

2. Filing the Holdover Petition

After the notice period has ended, the landlord can file a holdover petition in housing court. The tenant is served with the petition and notice of the court date. 

As of the time of writing this blog post, the time between filing the petition and the initial court date is approximately:

• New York County: Approximately 25 days
• Kings County: Approximately 116 days
• Queens County: Approximately 45 days
• Bronx County: Approximately 63 days
  

3. First Court Date: Intake

The first court appearance is commonly referred to as the intake date. Every tenant in New York has the opportunity to meet with free legal counsel on this date. If the tenant does not appear on the intake date, the case may be scheduled for inquest, a one-sided trial where the landlord must prove his/her/its claims.

4. Next Court Date

After intake, the case may either be settled or sent to trial. However, it is common for cases to be adjourned for various reasons. 

5. Trial

Evidence is presented, including leases, photographs, communications, and witness testimony. Tenants may assert defenses or counterclaims, which the judge will consider before issuing a judgment.

6. Judgment and Warrant of Eviction

If the judge rules in favor of the landlord, a judgment of possession and warrant of eviction will be issued. Tenants are typically provided around fourteen days to vacate the unit. The eviction is carried out by a New York City Marshal in accordance with court procedures. 

Why Legal Representation is Essential in Holdover Proceedings

Holdover proceedings are complex, nuanced, fact-sensitive matters, with strict notice requirements, and multiple court appearances. Whether you are a landlord seeking to regain possession or a tenant receiving notice of a holdover, having experienced legal representation makes the process more straightforward and protects your rights at all stages. Our team handles holdover cases in all boroughs and provides clear, practical advice tailored to your specific facts and goals.