ERAP and Right to Counsel in New York Evictions — What Delays Your Case (2026)

Why ERAP and Right to Counsel Matter to Your Eviction Timeline

You serve a three-day notice to quit for nonpayment. You file your holdover petition in housing court. You expect a decision in 30–45 days.

Instead, your case gets adjourned six times. The tenant’s attorney says they’re waiting on ERAP funds. The court mentions the tenant has a right to counsel. Your trial date keeps moving back. Twelve weeks later, you still don’t have a judgment.

This is not dysfunction — it is the law in New York City.

Two separate legal mechanisms now stretch nonpayment eviction cases far beyond the statutory timeline:

1. NYC Admin Code §26-1301 (Right to Counsel Law) — requires that tenants be informed of their right to free legal representation in housing court, and judges must pause cases to allow counsel to be assigned
2. ERAP (Emergency Rental Assistance Program) — state and federal funds that cover back rent and late fees, which trigger mandatory stays (court-ordered pauses) on evictions while applications are being processed

Both are designed to keep tenants housed. Both directly impact when you can actually remove a tenant and recover your property. And both require specific compliance actions from you — even though neither is within your control.

This guide explains how each works, what you must do legally, and how to forecast realistic timelines for your case.

NYC Admin Code §26-1301: Right to Counsel Requirements

What the Law Requires

Effective January 1, 2020, New York City law requires that all tenants in housing court proceedings be informed in writing of their right to free legal counsel, regardless of the case type (nonpayment, holdover for cause, lease renewal, etc.) and regardless of the tenant’s income.

The statute reads: “The city shall provide legal services for all tenants in housing court in order to ensure access to justice and protect the legal rights of tenants.”

What you must do: Before serving a three-day notice to quit or any other notice that will lead to a housing court case, you must give the tenant written notice of their right to counsel. This notice must include:

• A statement that the tenant has the right to free legal representation in housing court
• The phone number and website for the Right to Counsel program (212-213-6450 or nyc.gov/rtc)
• A clear statement that the tenant should contact the program immediately if they want representation

The NYC Housing Court accepts the following forms of compliance:

• Official NYC Right to Counsel notice — provided by the city and available on the Housing Court website
• Your own written notice — as long as it contains all required information and is delivered with your notice to quit
• Combined notice — your three-day notice and right to counsel notice delivered together (most common)

What Happens If You Don’t Comply

Failure to provide the right to counsel notice is a grounds for dismissal of your case. The tenant’s attorney will raise this as an affirmative defense during the first court appearance, and the judge will dismiss your petition without prejudice.

“Without prejudice” means you can refile, but you must:

• Pay the housing court filing fee again (currently $45 for nonpayment cases)
• Re-serve the tenant with the proper notice
• Wait another 3–5 days before filing (if applicable under your statute of limitations)
• Start your timeline over

In practice, this adds 2–4 weeks to your case. More importantly, judges and tenant advocates in New York are increasingly skeptical of landlords who fail this step, and some have awarded attorney fees to tenants even in dismissal-without-prejudice situations.

Real example: A self-managing landlord in Brooklyn served a three-day notice but failed to include the right to counsel notice. The case was dismissed. On reservice, the tenant’s legal aid attorney requested fee recovery under a theory of bad faith delay. The judge awarded $1,200 in costs. The landlord was forced to pay the tenant’s attorney out of pocket.

Timing: When Right to Counsel Slows Your Case

The notice itself does not create a delay. But the tenant’s use of the right to counsel program does.

Once you file your holdover petition in housing court, the system flags the case in the Right to Counsel database. A tenant who contacts the RTC program at any point (even after you’ve filed) will be assigned a free attorney. That attorney will file an appearance, and the court will adjourn your case to allow discovery to proceed.

Typical timeline for RTC case assignment:

Stage	Timeline
Tenant contacts RTC program	Same day or within 24 hours
Intake interview and attorney assignment	3–7 business days
Attorney files appearance in court	5–10 days after assignment
Court adjourns case for discovery	Immediate upon appearance filing
Discovery period (typical)	30–60 days

This means that if a tenant obtains representation, you should expect your case to be extended by a minimum of 30 days from the date the attorney files an appearance.

In contested cases (where the tenant disputes the debt or raises affirmative defenses), this can stretch to 90+ days.

ERAP (Emergency Rental Assistance Program) and Its Impact on Evictions

What ERAP Is and Why It Pauses Evictions

The Emergency Rental Assistance Program is a federal and state fund designed to pay landlords directly for unpaid rent, utilities, and late fees on behalf of tenants who have fallen behind. ERAP was established in 2021 in response to COVID-19 but continues to operate in New York with ongoing state funding.

The eviction pause rule: New York State law (and housing court practice) requires that if a tenant has applied for ERAP assistance and their application is pending, a landlord cannot proceed with an eviction for nonpayment. The court will adjourn the case indefinitely (or set a specific date tied to the ERAP decision) until the tenant’s application is resolved.

This applies even if:

• You have already filed your holdover petition
• You are scheduled for trial
• You have a judgment (in some cases, enforcement is stayed)
• The tenant is more than 12 months behind

The legal theory is straightforward: if ERAP will pay your debt, there is no need for eviction. The court’s role is to facilitate the payment, not to remove the tenant.

How ERAP Applications Delay Your Case

ERAP operates through the New York State Housing and Community Renewal (HCR) agency. Tenants apply online or through local non-profit partners. Processing times vary widely depending on:

• Completeness of the tenant’s application
• Whether the landlord is registered in the HCR system
• Documentation requirements (lease, proof of nonpayment, utility bills)
• Backlog at HCR (currently significant as of August 2026)

Current ERAP processing timeline (2026):

Stage	Timeline	Notes
Tenant applies online	Same day	Confirmed by HCR email
Preliminary review (completeness)	5–15 business days	HCR requests missing docs from tenant
Tenant submits missing documents	10–30 days	Many tenants miss deadlines; cases restart
Landlord verification (HCR contacts you)	10–20 business days	You must respond or application stalls
Final approval and payment	15–45 days	Direct deposit to your account
Total (if application is complete)	60–120 days	Can extend to 180+ if docs are missing

How to Know If a Tenant Has Applied for ERAP

You will typically find out that a tenant has applied for ERAP through one of three ways:

1. The tenant tells you (or their attorney does in housing court) — they may cite ERAP as grounds for an adjournment
2. HCR contacts you directly — they will email or call to verify the debt amount and your bank information for payment
3. Housing court judge mentions it — during a court appearance, the tenant or their attorney raises ERAP as a reason to adjourn

However, you can also proactively check. You can:

• Visit the NY HCR ERAP portal at hcr.ny.gov/erap and search for your property address or tenant name (search is limited but sometimes returns results)
• Contact HCR directly at 1-844-4-RENTAL (1-844-473-6825) and ask if an application is pending for your address
• Request proof from the tenant — in housing court, you can ask the tenant to provide documentation of their ERAP application (confirmation email, case number, etc.)

Courts increasingly expect landlords to have checked for ERAP status before requesting a trial date. If you request trial and ERAP is pending, judges will adjourn anyway — sometimes with visible frustration at the landlord’s lack of due diligence.

The “ERAP Adjournment” in Housing Court

When a housing court judge learns that ERAP is pending, they will issue an adjournment order. The order typically includes:

• A new court date 60–90 days in the future (tied to expected ERAP processing)
• An instruction that the case will be dismissed if ERAP pays the debt (because there is no longer a justiciable controversy)
• A notation that if ERAP is denied or the application is withdrawn, the landlord can resume the case

In practice, many ERAP cases get dismissed outright because the funds come through before the new court date. This is actually the best outcome: you get paid, the tenant stays housed, and the court docket clears.

However, if ERAP denies the application or the tenant fails to complete it, the case resumes. You will then need to refile or move to restore the case, which adds additional delays and court appearances.

How Right to Counsel and ERAP Interact: The Compound Delay

When a tenant has both right to counsel representation AND a pending ERAP application, the delays compound.

Realistic timeline for a nonpayment case with both factors present:

• Day 0: You serve three-day notice with right to counsel notice
• Day 3: You file holdover petition
• Day 7–14: First court appearance; tenant appears without attorney but expresses interest in RTC program
• Day 21: Tenant contacts RTC and mentions pending ERAP application
• Day 28: RTC attorney assigned and files appearance; judge adjourns case and notes ERAP pending
• Day 90: New trial date (ERAP adjournment period); ERAP application still in review
• Day 90–120: ERAP processing continues; case adjourned again
• Day 150: ERAP approved and funds paid; case dismissed as moot

Total time from three-day notice to resolution: 150 days (5 months)

In cases where ERAP denies the application and RTC representation continues, trials have extended 8–12 months.

Your Compliance Obligations as a Landlord

Step 1: Provide Right to Counsel Notice

What you must do:

• Obtain or draft a written notice of right to counsel (use the official NYC form available at nycourts.gov/housing)
• Deliver it to the tenant together with your notice to quit or other housing court notice
• Use proper service method: hand delivery, certified mail, email (if tenant consents), or posting on door with affidavit
• Keep proof of delivery (return receipt, affidavit of posting, or email confirmation)

When you must do it:

• Before you serve any notice to quit or housing court initiating notice
• Failure to do so is grounds for dismissal
• You cannot cure this defect after filing (you must refile)

Compliance checklist:

Notice includes tenant’s right to free legal counsel
Notice includes RTC phone number (212-213-6450)
Notice includes RTC website (nyc.gov/rtc)
Notice delivered with notice to quit (not separately, not later)
Proof of service retained in your file
Notice is in English; translated if tenant is LEP (limited English proficient)

Step 2: Check for ERAP Before Filing or Requesting Trial

What you must do:

• Before filing your holdover petition, check if the tenant may have applied for ERAP
• You can do this by contacting HCR at 1-844-4-RENTAL and providing your property address and the tenant’s name
• Document whether ERAP is pending or not (you’ll need this in court)
• If ERAP is pending and the tenant has not disclosed it, you must still disclose it to the court or risk being criticized by the judge

Timing:

• Do this check before your first court appearance, not after you’ve requested trial
• If you discover ERAP is pending after you’ve requested trial, notify the court in writing (send an email to the housing court judge or attorney coordinator)

What NOT to do:

• Do not ask the tenant directly if they’ve applied for ERAP (they may not disclose for tactical reasons)
• Do not proceed to trial if you know ERAP is pending (waste of court time and your own time)
• Do not ignore HCR contact if they reach out about an ERAP application (failure to respond may result in the application being denied, which defeats your goal of getting paid)

Step 3: Respond to HCR ERAP Verification Requests

What you must do:

• If HCR contacts you about an ERAP application, respond within 10 business days
• Provide the debt amount (back rent, late fees, utilities as applicable)
• Provide your bank account for direct deposit
• Confirm the lease term and rental amount
• Sign HCR’s verification form and return it

Failure to respond:

• HCR may deny the tenant’s application due to “landlord non-cooperation”
• The tenant may then proceed to housing court and claim you prevented them from accessing ERAP funds (which may result in the judge ordering a longer adjournment or settlement negotiations)
• You will have caused your own delay by being unresponsive

Pro tip: Respond quickly and completely to HCR. Getting paid ERAP funds is faster and cheaper than winning an eviction judgment and then trying to collect from a tenant with no assets.

Step 4: Document Everything for Court

What you must have ready:

• Copy of the right to counsel notice you delivered (with proof of service)
• Copy of the notice to quit (with proof of service)
• Documentation of any ERAP correspondence or HCR contact
• Written record of the debt amount (rent ledger, lease, payment records)
• Any email or written communication with the tenant regarding rent or ERAP
• Housing court filing receipt and case number

These documents protect you if:

• The tenant claims you did not serve proper notice
• There is a dispute about the debt amount
• You need to appeal an adjournment
• ERAP asks for verification of the debt

If you use a property management platform like LeaseBase, ensure your compliance engine is tracking these documents and flagging missing steps before you serve notice. This prevents costly re-filings and court dismissals.

Realistic Timelines: What to Expect in 2026

Based on current housing court backlog and ERAP processing times, here are realistic case timelines:

Scenario	Start to Resolution	Outcome
Simple nonpayment, tenant undefended, no RTC, no ERAP	30–45 days	Default judgment, ready for marshal
Nonpayment, tenant represented by RTC	90–120 days	Settlement, stipulation, or trial judgment
Nonpayment, ERAP pending (approved mid-case)	90–150 days	Case dismissed as moot; you get paid
Nonpayment, RTC + ERAP pending	120–180 days	Settlement or dismissed if ERAP pays
Nonpayment, RTC + ERAP denied	150–240 days	Trial and judgment; tenant may appeal
Holdover for cause (non-compliance)	120–180 days	Judgment if issue is curable and tenant does not cure

FAQ: ERAP, Right to Counsel, and Evictions

Q: If I provide the right to counsel notice, does that guarantee the tenant will get a lawyer?

A: No. The notice informs the tenant of their right, but the tenant must apply to the Right to Counsel program. Not all tenants do. However, assume that any tenant facing eviction will contact RTC or find free legal aid. Plan for representation.

Q: Can I evict a tenant while their ERAP application is pending?

A: No. New York courts will not allow an eviction to proceed while ERAP is pending. The judge will adjourn your case. Attempting to rush to trial while ERAP is processing will frustrate the court and may result in the judge awarding the tenant’s attorney fees for “unnecessary court appearances.”

Q: If ERAP pays the back rent, do I still get a judgment?

A: No. If ERAP pays the debt in full, the case will be dismissed as moot. There is no longer a dispute, so there is no judgment. You are paid in full by HCR, which is the outcome you want, but you do not get a legal judgment or eviction record. This is better for both you and the tenant.

Q: What if the tenant gets right to counsel representation but I already have a judgment?

A: The tenant can file a motion to reopen the judgment if representation was not provided at the time of trial. Courts are sympathetic to these motions. If you won a default judgment without the tenant ever appearing, and it turns out the tenant was trying to get RTC representation but it was delayed, the tenant may successfully reopen the judgment and the case will start over. Ensure the tenant was actually aware of the trial date.

Q: What if ERAP denies the application and the case resumes in court?

A: The court will set a new trial date. Your original filing and notice remain valid. You do not need to refile or re-serve notice. You proceed as though the ERAP adjournment never happened. However, the elapsed time (60–120+ days) has passed, and the case will be tried on the original evidence and arguments.

Q: Do I have to give the right to counsel notice in languages other than English?

A: Yes, if the tenant is limited English proficient (LEP). The housing court must provide interpreters, and you must provide notices in the tenant’s language if you know it. For critical notices like right to counsel, best practice is to provide English + Spanish, or use the NYC Right to Counsel translated versions (available in multiple languages on the NYC Housing Court website).

How to Forecast Your Case Timeline Before Filing

Before you file your holdover petition, ask yourself these questions:

1. Is the tenant likely to access free legal representation? (If they are low-income, assume yes. Add 30–60 days to your timeline.)
2. Is ERAP likely to be available for this debt? (If the tenant is below 80% of area median income and behind on rent, assume yes. Check HCR portal.)
3. Did I provide the right to counsel notice? (Non-negotiable. If no, do not file.)
4. What is my actual goal? (Get paid, or remove the tenant? If the tenant pays through ERAP, are you satisfied? Most landlords are.)
5. What is my cash flow situation? (Can I afford 5–6 months without rent while the case proceeds? If not, consider a settlement with the tenant or negotiating a payment plan outside of court.)

In many