Can tenants be evicted during winter months?

Evictions During Winter Months in New York: What Tenants Should Know

In New York, tenants often wonder whether they can be evicted during the winter months. Given the harsh weather conditions, the possibility of losing housing during this time raises significant concerns. This guidance provides an overview of eviction rules related to the winter season, addressing the protections and procedures relevant to tenants in New York.

Can Tenants Be Evicted During Winter in New York?

Technically, tenants in New York can be evicted during the winter months. There is no statutory law that outright prohibits eviction proceedings from occurring between November and April, which are typically considered the colder months in the state. However, certain regulations and local policies impact how and when evictions take place, particularly concerning the timing and method of removal.

Key Points About Winter Evictions:

• Eviction proceedings can be initiated or continued during winter months.
• Actual physical removal (removal from the premises) may face limitations or delays, especially during extreme winter conditions.
• New York applies specific rules around eviction notices and court procedures that must be followed regardless of season.

Protections and Considerations During Winter

1. Legal Process Must Be Followed

In New York, landlords cannot evict tenants without completing the required legal process. This involves:

• Serving proper notice to the tenant, usually a 10-day notice for nonpayment of rent or a longer notice depending on the reason.
• Filing a holdover summary proceeding in Housing Court.
• Obtaining a judgment of possession from the court.
• Receiving a warrant of eviction (or warrant of removal).
• The eviction is then carried out by court officers who supervise the tenant’s removal.

This process applies year-round. Tenants cannot be forcibly removed without the court’s order, even in winter.

2. Automatic Stays and Court Practices in Winter

While New York law does not prevent eviction during winter, some courts or local authorities may have practices that consider weather conditions. This can include:

• Courts sometimes delaying the scheduling of eviction enforcement if extreme cold, snowstorms, or other severe weather conditions might jeopardize tenant safety.
• Local sheriffs or marshals may choose to postpone physical removal due to public safety concerns during harsh winter weather, but these are discretionary and not guaranteed.

3. Winter Heating Protections and Related Considerations

During the winter months (generally October 1 through May 31), New York enforces the Heating Season Regulations, requiring landlords to provide heat and hot water. If an eviction would leave a tenant without heating in severe weather, this can be a factor considered for delaying eviction enforcement. Additionally:

• Public awareness and tenant advocacy groups often align efforts to prevent homelessness during winter.
• Tenants facing eviction during winter should seek emergency housing assistance or legal aid promptly.

4. COVID-19 Pandemic and Temporary Moratoriums

While not permanently linked to winter, recent pandemic-related eviction moratoriums impacted eviction proceedings across New York, including during winter months. It's important to be aware of any temporary local or state moratoriums or extensions that may still be in effect depending on public health conditions.

Practical Advice for Tenants Facing Eviction in Winter

If you are a tenant in New York facing eviction during the winter, consider the following steps:

• Seek Legal Assistance Early: Contact tenant advocacy organizations or legal aid providers. Organizations like Legal Services NYC or the New York State Courts Help Center can offer guidance.
• Review the Eviction Notice Carefully: Verify that the landlord followed proper procedures and timelines.
• Attend All Court Hearings: Failure to appear can result in a default judgment against you.
• Document Conditions: If you face unsafe or unheated housing during winter, keep records and notify the local housing authority.
• Explore Payment Plans or Mediation: Negotiate with landlords if possible to resolve nonpayment issues.
• Prepare for Weather-related Challenges: If eviction does occur, plan for secure shelter and resources, especially given the risks of winter exposure.

Conclusion

In New York, tenants can be evicted during the winter months, as there is no outright ban on winter evictions. However, specific legal procedures and court practices can delay the physical removal of tenants if severe winter weather raises safety concerns. Tenants should understand their rights, follow court proceedings carefully, and seek legal help promptly to navigate the eviction process effectively. By staying informed and proactive, New York tenants have resources and protections to mitigate the impact of winter evictions.