What is a summary proceeding?
- A summary proceeding is a legal means for recovering possession of real property. A landlord or other person entitled to possession of real property can bring a summary proceeding to quickly remove an occupant and recover possession. The procedures for bringing a summary proceeding are found in Article 7 of the Real Property Actions & Proceedings Law (RPAPL). Other relevant provisions are found in the Real Property Law (RPL).
Where should I bring a summary proceeding?
- A summary proceeding must be brought in the Court of the municipality in which the property is located. (RPAPL § 701) Therefore in order to bring a summary proceeding to this Court, the property must be located in the Town of Duanesburg.
What do I need to knowto start a summary proceeding?
- The parties to a summary proceeding are the petitioner (a landlord or other person entitled to possession of real property) and the respondent (the occupant of the real property). If the petitioner prevails, the court may issue a warrant of eviction that must be enforced by a sheriff.
How do I get started?
You need to obtain the paperwork from a legal supply store or online. A small property owner can use the free and easy DIY(Do-It-Yourself) Form programs to make the court papers needed to start a nonpayment case, a licensee holdover case, or a squatter holdover case.Find information about evictions (outside of New York City) for owners, landlords and tenants. Learn how to start and answer an eviction case here.
Small Property Owner Nonpayment Petition Program
For additional frequently asked questions please visit the following link.