Albany eviction lawyer for landlords

A City of Albany rental is heard in Albany City Court, and the city adds two things a case has to meet: the unit’s most recently issued residential occupancy permit, which the court requires before a case can start (Albany City Code § 30-323), and Good Cause Eviction, which the city adopted in 2024.

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Which court hears a City of Albany case

An eviction case belongs to the court for the area where the property sits (RPAPL 701(2)). For a rental inside the city line, that is Albany City Court, which hears these cases for property located in whole or in part within the city (UCCA 204). Its civil part sits in City Hall on Eagle Street.

A mailing address that says Albany doesn’t settle the question. Our own office has an Albany mailing address and sits in the Town of Colonie, where cases go to a different court. We confirm a property’s municipality before we file. For the town, see eviction cases in Colonie.

Albany’s rental registry and occupancy permit

The city keeps a registry of rental housing, and every rental unit must be on it, except where the rental agreement is between people “related by lineal consanguinity or directly by marriage” (Albany City Code § 231-131). Each unit must also be inspected and certified, and the residential occupancy permit that results is valid for 24 months (§ 231-132(B)(1)).

Renting out an unregistered unit is unlawful, and no rent may be collected for a period of noncompliance unless and until the owner complies. Once the landlord receives the permit, the code doesn’t bar receiving the equitable value of the occupancy from its start, but a landlord may not recover more than the agreed rent through late fees or other penalties (§ 231-132(E)). A unit can also lose its registration: if the city finds a violation that isn’t corrected within 30 days of its notice, or 14 days for a threat to health or safety, it may deregister the unit, subject to conditions that can extend that time (§ 231-135(B)(2)).

Why the permit decides when a case can start

The rules of Albany City Court say an eviction case may not be commenced until the landlord submits a copy of the unit’s most recently issued permit, or alleges that its deregistration and suspension broke the city’s rules (Albany City Code § 30-323). State law points the same way: a petition for a City of Albany rental covered by the registration law must allege proof of compliance with it (RPAPL 741(6)).

Before we can accept a case for a unit the city’s registry covers, we need the unit’s current residential occupancy permit.

Albany’s local Good Cause law

Albany is one of the municipalities that opted in to the state’s Good Cause Eviction law (RPL 213(1)). Our Good Cause page covers the exemptions and the grounds the law allows.

The local law

The city added it to its code on June 3, 2024, by Local Law No. 5 of 2024 (Albany City Code § 231-139), and the law was filed with the Department of State on July 5, 2024.

Albany’s two choices

Albany exempts a unit whose rent is above 345 percent of fair market rent, and it counts as a small landlord only “a landlord of no more than one unit anywhere in the State of New York” (§ 231-139(B), (C)). Without a local choice, the law uses 245 percent and ten units (RPL 213(2)).

In a case

For a covered unit, the case needs a ground the law recognizes (RPL 216(1)). The rent demand, the non-renewal notice, and the petition carry the Good Cause notice whether or not the unit is covered (RPAPL 711(2), 741(5-a); RPL 231-c(1)).

We last checked the state’s local law filings on September 29, 2026. DHCR, which runs the program, keeps its own list of participating municipalities, dated May 4, 2026.

Waiting periods New York law sets

These are minimums, not a forecast. The court’s calendar, adjournments, and stays can add time, so we don’t promise how long a case will take.

A rent demand must allow at least 14 days (RPAPL 711(2)).
A non-renewal notice allows at least 30, 60, or 90 days; the longer of the tenant’s time in the unit and the lease term sets which (RPL 226-c(2)).
A licensee or squatter gets a 10-day notice to quit (RPAPL 713).
The petition is served at least 10 and not more than 17 days before the hearing, unless the Appellate Division’s rules for a court provide a different nonpayment schedule (RPAPL 732; 733(1)).
If either side asks when the tenant answers, the court adjourns the trial for at least 14 days, unless both sides agree otherwise (RPAPL 745(1)).
Once the landlord has a judgment and a warrant, the officer must give at least 14 days’ notice in writing before executing it (RPAPL 749(2)(a)).

If the statute’s conditions are met, the court may also delay issuing the warrant for up to one year, on the occupant’s application, in a residential case (RPAPL 753(1)). In a residential case based on a breach of the lease, the court must hold off issuing the warrant for 30 days so the tenant can correct the breach (RPAPL 753(4)). Our notices page explains which notice a case starts with.

Courts in Albany County outside the city

Cohoes and Watervliet have city courts of their own, every town in the county has a town court, and the Villages of Altamont and Menands have village courts. Our Albany County page lists them, with the hours each city court keeps.

Our flat fee for a residential case is the same whichever court hears it. Add-on fees apply only if your case requires them or you choose an optional service. Our pricing page sets out the fee and what it covers. For the kinds of cases we take, see nonpayment, holdover, and licensee and squatter cases. Our attorney reviews each case before we accept it.

Frequently asked questions

Do I need an occupancy permit before I can evict a tenant in Albany?

For a unit the city’s registry covers, yes. Albany City Court’s rules require a copy of the latest permit, or an allegation that its deregistration broke the city’s rules, before an eviction can be commenced (Albany City Code § 30-323), and the petition must allege compliance (RPAPL 741(6)).

My rental has an Albany mailing address. Is it in the City of Albany?

Not necessarily. Albany mailing addresses reach past the city line, and the municipality, not the mailing address, decides the court. For the town next door, see eviction cases in Colonie.

Does Good Cause Eviction apply to my Albany rental?

It can. As of September 29, 2026, the City of Albany had opted in, so the law reaches a unit in the city unless an exemption covers it, such as rent above the city’s 345 percent line or an owner with a single unit statewide (Albany City Code § 231-139(B), (C)). Our Good Cause page lists the rest.

How long does an eviction take in Albany City Court?

We don’t predict it: the court’s calendar and the facts of the case decide. The law’s minimum waiting periods are listed above, and how it works shows the stages a case moves through.

This page gives general information, not legal advice about your case. We represent you only after our attorney accepts your case and confirms it in writing. See our disclaimer.

Tell us about the Albany rental

Email us the property’s address, the owner’s name, and the tenants’ and other adult occupants’ names, and have the unit’s current residential occupancy permit at hand. Our attorney reviews the case before we accept it.

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