How Do I Legally Remove a Problem Tenant in Brooklyn?

Brooklyn Landlords Face Real Challenges

Being a landlord in New York City isn't easy. The regulatory environment is among the most tenant-protective in the country. Rent stabilization, the Housing Stability and Tenant Protection Act, Good Cause Eviction laws, HPD enforcement, and Housing Court procedures create a maze of requirements.

Get any step wrong and your case gets dismissed. Get it very wrong and you face penalties, countersuits, or worse.

I've represented tenants and landlords at Kings County Housing Court since 2012. I understand the rules because I've argued both sides. That perspective helps landlords avoid costly mistakes and pursue cases that are worth pursuing.

When Eviction Is Legally Justified

Not every difficult tenant situation warrants eviction. But when it does, you need proper grounds:

Non-payment

Tenant owes rent. This is the most straightforward case type—but still requires proper rent demands, accurate accounting, and procedural compliance.

Holdover – lease violation

Tenant broke lease terms (unauthorized occupants, pets, illegal use). You must serve a Notice to Cure, wait for the cure period to expire, then serve a Notice of Termination before filing.

Holdover – lease expiration

Lease ended and tenant won't leave. For rent-stabilized tenants, you cannot simply refuse renewal without specific grounds. For others, Good Cause Eviction may apply.

Holdover – nuisance

Tenant's conduct is objectionable or dangerous. These cases require documentation and often witness testimony.

Owner-use

You or an immediate family member need the apartment. Specific requirements apply, especially for stabilized tenants.

Notice Requirements: Where Cases Die

Most eviction cases that fail, fail on notice. Before you file anything in court, you need proper predicate notices:

Non-payment cases:

• Rent demand (14-day written demand for rent due)

Holdover cases:

• Notice to Cure (for curable lease violations)
• Notice of Termination (after cure period or for non-curable issues)
• Golub notice for month-to-month tenants (30/60/90 days based on tenancy length)

Service requirements: Notices must be served correctly—personal delivery, substituted service, or conspicuous place service with mailing. Improper service = dismissed case.

I've seen landlords lose cases they should have won because they texted a rent demand instead of mailing it, or served a 30-day notice when the tenant had been there three years.

HSTPA and Good Cause: The New Rules

Housing Stability and Tenant Protection Act (2019): HSTPA eliminated high-rent deregulation, capped Individual Apartment Improvements, and extended tenant protections. Landlords must register apartments correctly and cannot use certain tactics that were previously common.

Good Cause Eviction (2024): Most tenants now have protection against arbitrary eviction or non-renewal. Landlords need legitimate reasons—non-payment, lease violations, nuisance, owner-use—not just wanting a different tenant. Rent increases beyond certain thresholds can be challenged.

These laws changed the calculus for Brooklyn landlords. Cases that were easy five years ago now require more documentation, more process, and more patience.

Defending Against Tenant Claims

Sometimes tenants go on offense. Landlords face:

HP Actions: Tenants sue to compel repairs. If you have open HPD violations, address them promptly. Courts can impose civil penalties, order rent abatement, and damage your position in any pending eviction.

Harassment claims: Tenants can file harassment complaints with HPD or raise harassment as a defense in eviction cases. Document all communications, never threaten, and follow proper legal channels.

Rent overcharge complaints: If you manage rent-stabilized units, ensure registrations are accurate and increases are properly calculated. DHCR overcharge findings can result in substantial refunds and penalties.

The best defense against tenant claims is compliance. Maintain your buildings, follow proper procedures, and document everything.

Small Landlords vs. Large Management

I work with both. But I understand that a two-family brownstone owner faces different pressures than a management company with 500 units.

Small landlord challenges:

• One problem tenant can devastate your finances
• You may live in the building yourself
• Limited resources for legal fees and prolonged litigation
• Personal relationships complicate enforcement

What helps:

• Proper lease drafting from the start
• Clear rent collection procedures and documentation
• Addressing problems early before they escalate
• Knowing when eviction is worth pursuing vs. when negotiation makes more sense

Sometimes the best outcome isn't winning in court—it's a buyout agreement, a payment plan, or resolving the underlying issue. An experienced attorney can help you see all the options.

DHCR Proceedings for Landlords

For rent-stabilized buildings, many disputes go through the Division of Housing and Community Renewal rather than court:

• Rent registration questions
• Major Capital Improvement (MCI) applications
• Owner-use applications
• Challenging tenant succession claims
• Responding to overcharge complaints

DHCR has its own procedures, timelines, and standards. Mistakes at DHCR can haunt you for years.

HPD Violations: Handle Them

If your building has open HPD violations, address them before they become weapons in litigation.

Class C (immediately hazardous): Must be corrected within 24 hours. Failing to correct can mean penalties of $500/day.

Class B (hazardous): Must be corrected within 30 days. Penalties up to $250/day after deadline.

Class A (non-hazardous): Must be corrected within 90 days.

Unresolved violations undermine your credibility in Housing Court and give tenants leverage in HP Actions and eviction defenses.

The Right Way Protects You

Cutting corners costs more in the long run. Improper lockouts lead to liability. Defective notices lead to dismissed cases. Harassment allegations lead to countersuits.

Doing it right—proper notices, proper filings, proper service, proper documentation—gets you to resolution faster and protects you from exposure.

If you're a landlord dealing with a difficult tenant situation in Brooklyn, call (347) 669-3256 or visit 592 Pacific Street. I'll tell you honestly whether your case is worth pursuing and how to pursue it correctly.