A Plain-English Guide to NYC Landlord-Tenant Terms
If you've received court papers, talked to a lawyer, or tried to read your lease, you've probably encountered legal terms that sound like a foreign language. This glossary translates NYC housing law into plain English—because understanding the words is the first step to understanding your rights.
A
Answer
Your answer is the formal written response you file with the court after receiving an eviction petition. In Kings County Housing Court, tenants typically have between 5 and 12 days to file an answer, depending on how they were served. The answer lets you raise defenses—reasons the landlord shouldn't win—and counterclaims, such as demanding repairs or return of a security deposit. Missing your deadline to answer can result in a default judgment against you, so treat those court papers like an emergency.
C
Constructive Eviction
Also known as: The Freeze-Out
Constructive eviction happens when a landlord makes an apartment so uninhabitable that you're essentially forced to leave—even though no one formally evicted you. Think no heat in January, sewage backing up for weeks, or a landlord who removes your front door. If you abandon the apartment because conditions are genuinely unlivable, you may have a defense against paying future rent. But this is a high-stakes move: leave too soon or without documentation, and you could owe the landlord months of rent. Courts in Brooklyn have seen every variation of this—from landlords shutting off utilities to "accidentally" demolishing kitchens.
D
Default Judgment
A default judgment is what happens when you don't show up to court or fail to file an answer. The judge rules in the landlord's favor without hearing your side. In non-payment cases, this can mean a judgment for all back rent plus fees. In holdover cases, it can mean a warrant of eviction issued immediately. If you've received a default judgment, you may be able to vacate it (ask the court to undo it) by showing a reasonable excuse for missing court and a valid defense to the case. Time matters—move quickly.
DHCR (Division of Housing and Community Renewal)
The Division of Housing and Community Renewal is the New York State agency that regulates rent-stabilized apartments. DHCR registers legal rents, investigates overcharge complaints, and enforces the rent stabilization laws. If you suspect your landlord is charging more than the legal rent, DHCR is where you file a complaint. The agency also maintains the rent history of stabilized apartments—records that can prove whether you're being overcharged. For Brooklyn tenants in older buildings, a DHCR rent history search is often the first step in understanding what you should actually be paying.
E
Eviction
Eviction is the legal process by which a landlord removes a tenant from an apartment. Despite what some landlords suggest, eviction requires a court proceeding—a landlord cannot simply change your locks, remove your belongings, or shut off your utilities. In New York City, eviction cases are heard in Housing Court. The process involves a petition, court appearances, and ultimately a warrant of eviction if the landlord wins. Even after a warrant is issued, only a City Marshal can execute the actual lockout. The process typically takes weeks to months, not days.
G
Good Cause Eviction
Good Cause Eviction is a state law that took effect on April 20, 2024, extending eviction protections to many market-rate tenants who previously had none. Under Good Cause, landlords of covered buildings must have a legitimate reason (a "good cause") to evict or refuse to renew a lease—such as non-payment, nuisance behavior, or the landlord's personal use of the unit. The law also limits rent increases to a reasonable amount or a percentage tied to inflation. Not all buildings are covered: condos, co-ops, small owner-occupied buildings, and some newer construction are exempt. If you're a market-rate tenant facing non-renewal, Good Cause may protect you.
H
Holdover Proceeding
A holdover proceeding is an eviction case based on something other than unpaid rent. Common grounds include lease expiration without renewal, lease violations (like unauthorized occupants or illegal activity), nuisance behavior, or owner's intent to use the unit personally. Holdover cases are generally more complex than non-payment cases and often require the landlord to have served proper predicate notices before filing. In Brooklyn Housing Court, holdover proceedings can take months to resolve—and tenants have defenses worth raising.
HP Action
An HP action (Housing Part action) is a lawsuit tenants file against landlords to force repairs. If your landlord ignores complaints about broken heat, mold, roaches, or other habitability issues, you can bring an HP proceeding in Housing Court. A judge can order the landlord to make repairs and impose civil penalties for violations. HP actions are filed with the court clerk at 141 Livingston Street and typically require an inspection by the Department of Housing Preservation and Development (HPD). You don't need a lawyer to file one, but having counsel helps navigate the process and maximize leverage.
HSTPA (Housing Stability and Tenant Protection Act)
The Housing Stability and Tenant Protection Act of 2019 was a sweeping reform of New York's rent laws—the most significant in decades. HSTPA eliminated major landlord loopholes: no more vacancy decontrol (landlords can no longer raise stabilized rents to market rate when a tenant leaves), limits on renovation surcharges, and extended lookback periods for overcharge claims. For Brooklyn tenants in rent-stabilized apartments, HSTPA means stronger protections and, in many cases, grounds to challenge rent increases that were legal before June 2019 but aren't anymore.
M
Marshal (City Marshal)
A City Marshal is the only person authorized to physically evict a tenant from an apartment in New York City. Even if a landlord wins in court and obtains a warrant of eviction, the landlord cannot change your locks—only a Marshal can execute the eviction. Marshals must provide at least 14 days' notice before executing a residential eviction. If a landlord locks you out without a Marshal and court order, that's an illegal lockout, and you can call the police or file an emergency proceeding to get back in.
N
Non-Payment Proceeding
A non-payment proceeding is an eviction case based on unpaid rent. It's the most common type of case in Brooklyn Housing Court. Before filing, landlords must serve a written rent demand giving tenants at least 14 days to pay. In court, tenants can raise defenses—including that the apartment has serious repair problems (see warranty of habitability) or that the landlord is demanding more than the legal rent. Non-payment cases often settle with stipulations that give tenants time to pay or access to rental assistance programs.
Notice to Cure
A Notice to Cure is a warning letter a landlord must send before starting a holdover eviction based on a lease violation. The notice identifies the specific violation—unauthorized pet, subletting without permission, chronic noise complaints—and gives the tenant a set period (typically 10 days for rent-stabilized tenants) to fix the problem. If you cure the violation within the time allowed, the landlord cannot proceed with eviction on that basis. If you receive a Notice to Cure, take it seriously: it's the landlord's first formal step toward a holdover case.
Notice to Quit / Notice of Termination
A Notice to Quit (also called a Notice of Termination) is a formal notice that a landlord is ending your tenancy. The specific requirements depend on your situation: rent-stabilized tenants are entitled to lease renewals and generally can't be terminated without cause, while market-rate tenants (now often protected by Good Cause) have different rules. In month-to-month tenancies, landlords must typically provide 30, 60, or 90 days' notice depending on how long you've lived there. A Notice to Quit is a prerequisite for most holdover proceedings—without proper notice, the eviction case can be dismissed.
O
Order to Show Cause
An Order to Show Cause is an emergency motion asking a judge to act quickly—often to stop or delay an eviction. If you've missed a court date, if a Marshal has scheduled a lockout, or if you need immediate relief the regular court calendar can't provide, you file an Order to Show Cause. A judge reviews it the same day (or within 24-48 hours) and can issue a temporary restraining order while scheduling a hearing. In Brooklyn Housing Court, tenants use Orders to Show Cause to vacate default judgments, stay evictions pending appeals, or address urgent habitability emergencies.
R
Rent Stabilization
Rent stabilization is New York City's system of rent regulation covering roughly one million apartments. If your apartment is rent-stabilized, your landlord can only raise rent by percentages set annually by the Rent Guidelines Board, must offer you lease renewals, and can only evict you for specific legal reasons. Most buildings with six or more units built before 1974 are stabilized, though there are exceptions. Many tenants don't know they're stabilized—or are being charged above the legal rent. A DHCR rent history search can confirm your apartment's status and legal rent.
S
Stipulation
A stipulation is a settlement agreement signed by both parties in court and approved by a judge. In Housing Court, stipulations are how most cases end. A non-payment stipulation might give the tenant 30 days to pay back rent or access ERAP/CityFHEPS assistance. A holdover stipulation might give the tenant 60 days to move in exchange for the landlord waiving back rent. Stipulations are binding court orders—if you sign one and violate its terms, the landlord can ask the court to issue a warrant of eviction without a new trial. Read every word before signing.
W
Warranty of Habitability
Also known as: The Right to a Livable Home
The warranty of habitability is a tenant's legal right to a safe, livable apartment. Under New York law, every residential lease includes this warranty whether the lease mentions it or not. Landlords must maintain heat (at least 68°F when it's below 55°F outside), hot water, working plumbing, freedom from vermin, and structural safety. When landlords breach this warranty—when you're living with no heat, persistent leaks, or a roach infestation—you can raise it as a defense in an eviction case, file an HP action to compel repairs, or sue for rent abatement. Brooklyn Housing Court sees these cases daily.
Warrant of Eviction
A warrant of eviction is the court order that authorizes a City Marshal to physically remove a tenant from an apartment. A warrant is issued only after the landlord wins the case and any stay period expires. Even with a warrant in hand, the landlord cannot lock you out themselves—they must hire a Marshal, who must then provide at least 14 days' written notice before executing the eviction. If you receive a Marshal's notice, you may still have options: filing an Order to Show Cause can sometimes stay the eviction while you seek relief.
Y
Yellowstone Injunction
Also known as: The Commercial Tenant's Stop-Watch
A Yellowstone injunction is an emergency court order that commercial tenants use to stop the clock on lease termination. Here's the scenario: your commercial landlord sends a notice claiming you violated your lease and threatens to terminate if you don't cure the problem within a set period. If you disagree that there's a violation—or need more time—you can file for a Yellowstone injunction in Supreme Court. If granted, the injunction freezes everything: the cure period stops running, the landlord can't terminate the lease, and you get your day in court to argue whether there was actually a violation. Named after a 1968 case involving a Yonkers shopping center, Yellowstone injunctions have saved countless Brooklyn businesses from losing their leases over disputed violations.
Still Have Questions?
This glossary covers the basics, but every case is different. If you're facing an eviction, dealing with an unresponsive landlord, or just trying to understand your rights, I'm here to help.
This glossary is for educational purposes only and does not constitute legal advice. For guidance on your specific situation, consult with a qualified attorney.
