New York City Marshal No. 11
Residential And Commercial Evictions And Legal Possessions In New York City
Marshal David Fraiden’s office handles eligible residential and commercial eviction and legal possession matters across New York City, including Manhattan, Brooklyn, Queens, the Bronx and Staten Island.
What Are Evictions And Legal Possessions?
When a court authorizes an eviction or legal possession of a residential or commercial premises, a New York City Marshal may be responsible for carrying out that order.
An eviction occurs when a marshal removes the occupants, and concurrently their personal property, from the premises after the court process is complete and the necessary court documents have been issued. Belongings removed during an eviction are moved under the marshal’s supervision and stored at a private warehouse.
A legal possession is different.
In a legal possession, the occupants are removed and control of the property is returned to the landlord or property owner, while personal belongings remain at the premises under the landlord’s care and control until the occupant arranges to retrieve them.
Both evictions and legal possessions require court authorization and must follow specific legal procedures.
A New York City Marshal does not decide whether an eviction or legal possession should occur. The marshal’s role is to carry out eligible court-authorized matters after the required court process has been completed.
Evictions
An eviction can be residential or commercial. The court paperwork and the steps the office follows are the same for both. What changes is the kind of premises and the court that hears the case.
Eviction cases in New York City Civil Court are filed online through the court’s system, called NYSCEF, and in a case filed online the court will not take paper, except from a side with no lawyer or from a lawyer the court has excused.
On the day of the eviction, the landlord or the landlord’s representative must be present for the whole of it, and the marshal cannot carry out the warrant without them.
Residential Evictions
A residential eviction applies to a person’s place of residence. That includes apartments, houses and rooms where people live, and the case is heard in the Housing Court of the borough where the premises are.
Commercial Evictions
A commercial eviction applies to a place of business. That includes stores, offices, warehouses, restaurants and similar premises, and the case is heard in the Civil Court of the borough where the premises are.
Legal Possessions
Not every matter requires a full eviction. A legal possession is available for residential and commercial premises alike, and the landlord or property owner chooses between the two once the court has authorized the matter.
The practical difference is what happens to the belongings. In a full eviction, a licensed mover takes them to a licensed warehouse under the marshal’s supervision. In a legal possession, they stay where they are, in the landlord’s care, until the occupant arranges to collect them.
If you are unsure which process applies to your matter, Marshal Fraiden’s office can discuss the information available and help determine what may be needed for review.
How The Evictions And Legal Possessions Process Works
Every matter is different, but most evictions and legal possessions follow a similar process.
Court Proceedings Are Completed
Before an eviction or legal possession can move forward, the required court proceedings must take place and the necessary court documents must be issued.
Documents Are Provided to the Marshal
The attorney, landlord or authorized representative provides the required paperwork to the marshal’s office for review and processing. The full list is on Filing Requirements And Timelines.
Required Notices Are Served
Before an eviction or legal possession can happen, required notices must be served. This means the right people must be given notice in the way the rules require. The matter cannot move forward until the required notice steps are complete. Before serving the notice, the marshal must also find out whether anyone at the premises is unable to care for themselves, and tell the Department of Investigation if there is.
Required Time Passes and the Matter Is Scheduled
After notice is served, the matter cannot happen right away. Required time must pass first. Once that time has passed and the matter is ready, the eviction or legal possession may be scheduled according to court requirements and Department of Investigation rules.
The Marshal Carries Out the Eviction or Legal Possession
On the scheduled date, the marshal carries out the court-authorized matter. For an eviction, this may include removing occupants and personal belongings from the property. For a legal possession, occupants are removed and control of the property is returned to the landlord, while personal belongings remain at the location under the landlord’s care and control.
After the attorney, landlord or authorized representative provides the required documentation, the office works to move eligible matters forward promptly and with clear communication.
Information To Have Ready When Contacting Marshal Fraiden's Office
Do not worry if you do not have every item available.
Helpful information to move the matter forward:
- The index number, the parties, the address of the premises and the judgment.
- Whether the matter is an eviction or a legal possession.
- Whether anyone at the premises may be unable to care for themselves.
The full list by matter type is on our Filing Requirements And Timelines page, which has a printable checklist for each kind of matter.
For any questions or if you are ready to submit an inquiry, Contact The Office. To learn more about Marshal Fraiden’s background and experience, visit About Marshal Fraiden.
Questions About An Eviction Or Legal Possession?
Whether you are an attorney, landlord, property owner, managing agent or authorized representative, the office can discuss your matter and explain what information may be needed.
Contact Marshal Fraiden's Office