How to Complete the New York Notice of Petition for Eviction

A New York notice of petition for eviction is the document a landlord files with the housing court to start a summary proceeding, and it must be paired with a verified petition, served on the tenant within a tight statutory window, and backed by an affidavit of service filed with the clerk. Whether the case is a nonpayment matter or a holdover, the mechanics are the same: complete the standardized form, file it, have someone else deliver it, and prove that delivery in writing. Small mistakes at any step routinely end cases before a judge hears them.

When You Use a Notice of Petition to Evict

Two eviction scenarios call for a notice of petition under New York’s Real Property Actions and Proceedings Law. A nonpayment case is filed when rent is overdue. A holdover case is filed when a tenant stays past the lease term or after the tenancy has been terminated.¹ The Unified Court System has rolled out plain-language versions of these forms, with separate templates for nonpayment and holdover proceedings, and courts inside and outside New York City are adopting them.²

A quick boundary before going further. The notice of petition is also the launching document for Article 78 proceedings against government agencies and for Small Claims Assessment Review of property tax assessments. Those are different animals with different rules. Everything below is about summary eviction proceedings under the RPAPL.

Where to Get the Current Form

Blank forms are available two places. The Unified Court System posts downloadable versions on its landlord-tenant forms page at nycourts.gov, including the standardized nonpayment and holdover templates.³ You can also pick up blank copies from the clerk’s office at the court where you plan to file. Use the most current version — the plain-language forms are relatively recent, and older templates missing the good cause language should not be used.

Filling Out the Notice of Petition

The notice itself is short, but every field has to match the verified petition exactly. You need:

The full name of the court, the county, and the part or room number if already assigned.
The full legal names and addresses of every petitioner and respondent. A misspelled name or a missing party can cause dismissal.
The return date, time, and location where the petition will be heard. In Housing Court, the clerk typically assigns this at filing.
A list of every document the respondent is receiving, including the verified petition and any supporting affidavits.
A brief statement of what you are asking the court to do, such as a judgment of possession and a money judgment for rent owed.

The notice is directed to the respondent and tells them where and when the petition will be submitted to a judge.⁴ Leave the index number and courtroom blank during drafting; the clerk assigns them at filing. Do not guess.

Preparing the Verified Petition

A notice of petition cannot be filed or served on its own. The verified petition provides the factual and legal basis for the eviction and must be sworn to under oath by the person authorized to bring the case or by their attorney. Under RPAPL 741, it has to cover:⁵

The petitioner’s interest in the property (owner, managing agent, and so on).
The respondent’s relationship to the premises (tenant, subtenant, licensee).
The address and unit from which removal is sought.
The specific facts giving rise to the claim, such as the unpaid rent amounts and dates or the lease expiration.
The relief sought, which can include a judgment of possession and a money judgment for unpaid rent or the fair value of use and occupancy.
A statement of whether the premises are subject to New York’s good cause eviction law under Real Property Law Article 6-A. If the premises are exempt, the petition must say why.⁵

The good cause statement is the newest addition and the one most often missed. Skipping it or leaving it blank invites a motion to dismiss.

Filing With the Clerk

Once both papers are ready, bring them to the clerk’s office of the appropriate court. The clerk stamps the filing date, assigns an index number, and in Housing Court sets the return date, time, and courtroom.

The fee to issue a notice of petition in NYC Housing Court is $45.⁶ In City Courts and District Courts outside the city, the fee is also $45 for a non-consumer-credit filing.⁷

If You Cannot Afford the Fee

Under CPLR 1101, a petitioner without the means to pay can ask the court to waive fees. You file an affidavit listing your income, assets, and any real property you own, and explaining that you cannot afford the costs of pursuing the case. The affidavit must also provide enough facts to show the case has merit. If the court grants the application, all filing and service fees are waived by written order. If it denies the application, you have 120 days to pay before the case is dismissed. Petitioners represented by a legal aid society or nonprofit legal services organization get fees waived automatically once the attorney files a certification with the clerk that the organization has determined you cannot pay.⁸

Serving the Tenant

After filing, the papers must be physically delivered to the tenant. You cannot serve the papers yourself. The server must be at least 18 years old and cannot be a party to the case, so a professional process server, a friend, or a relative can do it as long as they are not named as a petitioner or respondent.⁹

RPAPL 735 sets three methods, to be attempted in order:¹⁰

Personal delivery, handing the papers directly to the respondent. This is the preferred method.
Substituted service, delivering the papers to a person of suitable age and discretion who resides or works at the property, if the respondent is not available. This method is only available if, upon reasonable effort, someone at the property will accept the documents.
Conspicuous-place service, affixing a copy to a conspicuous part of the property or sliding a copy under the entrance door, if no one at the property will accept the papers.

When substituted or conspicuous-place service is used, you must also mail copies to the respondent, both by certified or registered mail and by regular first-class mail, within one day after delivery or posting.¹⁰

Timing Windows That End Cases

The service-timing rules are unforgiving and differ by case type. In a nonpayment proceeding under RPAPL 732, the notice of petition must be made returnable within ten days after service on the respondent.¹¹ In a holdover proceeding under RPAPL 733, the notice of petition and petition must be served at least ten and not more than seventeen days before the hearing date.¹² Miss the window and the case is subject to dismissal. If it becomes clear service cannot happen in time, ask the court for a new return date rather than trying to squeeze in late service.

Filing the Affidavit of Service

After the papers are delivered, the person who served them must complete a sworn affidavit of service. It states the date, time, location, and method of service, along with the identity of the person who received the papers. This affidavit is the court’s only proof that the tenant received notice, and in landlord-tenant cases it must be filed with the court clerk within three days of personal delivery or mailing.¹³ Late, incomplete, or inconsistent affidavits are a common ground for dismissal.

If the Tenant Doesn’t Show Up

When the respondent fails to appear on the return date, the petitioner may ask for a default judgment. Federal law adds one more step: under the Servicemembers Civil Relief Act, 50 U.S.C. § 3931, the petitioner must file an affidavit stating whether the respondent is in active military service.¹⁴

The affidavit must state either that the respondent is not in military service, with supporting facts, or that you were unable to determine the respondent’s status. You can check through the Department of Defense Manpower Data Center’s online lookup tool. If the respondent is an active servicemember, the court must appoint an attorney for them before entering any judgment. Filing a false military-status affidavit is a federal crime punishable by a fine, up to one year of imprisonment, or both.¹⁴

What Happens on the Return Date

If both parties appear, the court may try the case that day, schedule a trial, or push the parties toward settlement. In a nonpayment case, the tenant can end the proceeding entirely by paying the full amount of rent owed at any time before the hearing.¹ If the tenant files an answer in a nonpayment case, the clerk sets a trial date no fewer than three and no more than eight days after the answer is filed.¹¹

A case dismissed for a procedural defect (wrong service method, late affidavit of service, a missing party name) is typically dismissed without prejudice, meaning the petitioner can fix the problem and start over with a new notice of petition. A dismissal with prejudice bars refiling the same claim. Refiling means new fees, a new return date, and more weeks of unpaid rent or continued occupancy, so it is worth getting the notice of petition right the first time.

1
New York State Senate. New York Real Property Actions and Proceedings Code 731 – Commencement; Notice of Petition
2
New York State Unified Court System. New York Notice of Petition Forms Outside New York City
3
New York Courts. Landlord and Tenant Forms
4
New York State Unified Court System. How to Commence a Special Proceeding
5
New York State Senate. New York Real Property Actions and Proceedings Law 741 – Contents of Petition
6
New York Courts. NYC Housing Court Fees
7
New York Courts. New York State Filing Fees
8
New York State Senate. New York Civil Practice Law and Rules 1101 – Motion to Waive Costs, Fees, and Expenses
9
New York State Unified Court System. How to Serve Papers When Commencing an Action or Special Proceeding
10
New York State Senate. New York Real Property Actions and Proceedings Law 735 – Manner of Service; Filing; When Service Complete
11
New York State Senate. New York Real Property Actions and Proceedings Law 732 – Nonpayment Proceeding; Service and Return
12
New York State Senate. New York Real Property Actions and Proceedings Law 733 – Time of Service; Order to Show Cause
13
New York Courts. Filing an Affidavit of Service
14
Office of the Law Revision Counsel. 50 USC 3931 – Default Judgments