Can my landlord refuse to go to arbitration?

Yes, arbitration in New York residential disputes is voluntary, and both parties must agree to participate.

Is arbitration legally binding in New York?

If both renter and landlord sign a written arbitration agreement, it can be made legally binding and enforceable by the Housing Court.

How is arbitration different from mediation?

Mediation encourages parties to reach a solution together, while arbitration allows a neutral third party to decide the outcome.

Are there fees for renter-landlord arbitration?

Services are typically free or low-cost through local Community Dispute Resolution Centers (CDRCs).

What if my landlord still doesn't comply after arbitration?

You can ask the Housing Court to enforce the signed arbitration agreement if your landlord does not comply.

Arbitration for Tenant-Landlord Disputes in New York

Dispute Resolution & Legal Aid New York published June 21, 2025

If you're renting in New York and facing unresolved issues with your landlord—like disputes over repairs, rent increases, or eviction notices—understanding your alternatives to court can bring peace of mind. New York supports various programs aimed at helping tenants and landlords settle disagreements fairly and quickly. One of the most effective tools available is arbitration, an informal process where a neutral third party helps resolve disputes outside of traditional courtrooms.

What Is Arbitration in the Tenant-Landlord Context?

Arbitration is a form of alternative dispute resolution (ADR). Instead of going to court, you and your landlord agree to let a neutral arbitrator hear both sides and make a binding or non-binding decision. In New York, this process can move faster and be less intimidating than a formal court hearing, making it ideal for common rental disputes.

How Tenant-Landlord Arbitration Works in New York

Arbitration services are often available through community mediation centers or, in some jurisdictions, as pilot programs connected to the housing court system. These programs are typically free or low-cost. Agreements reached through arbitration can carry legal weight if both parties consent.

Issues eligible for arbitration: Rent disputes, repairs and maintenance, security deposit disagreements, lease terms, and some eviction matters (when permitted by law).
What isn't covered: Serious legal violations, illegal evictions, or issues where state law requires a judge’s order.

For more information, visit the New York City Housing Court Arbitration Program page or connect with your local community mediation center.

Who Oversees Rental Disputes in New York?

The Housing Court branch of the New York State Unified Court System is the main tribunal handling residential landlord-tenant cases statewide, including in New York City. The Housing Court encourages mediation and arbitration where possible before a case advances to trial. In some upstate regions, city or district courts manage these disputes. Arbitration itself is often administered through local Community Dispute Resolution Centers (CDRCs).

Relevant New York Rental Laws You Should Know

Tenant and landlord rights in New York are governed by:

These laws spell out rights related to evictions, security deposits, repairs, and more.
Refer to the official NY Courts tenant resources for comprehensive guides.

Official Forms and Filing Procedures for Renters

If you want to start mediation or arbitration for a dispute, several forms might come into play, especially if the process is connected to Housing Court filings. The most commonly used ones include:

Residential Tenant's Answer in Nonpayment Proceedings
Form: "Answer in a Nonpayment Proceeding"
Access the Official Form
When to use: If your landlord files a case for unpaid rent, you may answer and request arbitration at your first court appearance. For example, Maria receives a court notice for unpaid rent and wants to dispute the amount owed due to unaddressed repairs. She submits her written Answer noting the dispute and requests alternative dispute resolution.
Notice of Petition and Petition (Holdover or Nonpayment)
Form: "Notice of Petition" & "Petition"
Access the Official Forms
When to use: These are served by the landlord to begin any eviction process. Renters responding to such petitions may inform the court of a willingness to enter arbitration, which can sometimes pause court proceedings.
Request for Mediation/Arbitration Form (via local CDRCs)
No statewide form number
Find Your Local CDRC and Forms Here
When to use: Before or instead of starting a court action, both renter and landlord can agree to request a mediation/arbitration via a CDRC intake form. Example: John and his landlord can't agree on return of a security deposit. They both complete this form to schedule a neutral arbitration session at a local CDRC.

Forms and process may differ by location, so be sure to read all instructions provided by the New York Courts.

Step-by-Step: How to Start an Arbitration or Mediation in New York

Identify the type of dispute and see if it qualifies for arbitration. Common examples: disagreements over repairs, deposits, or rent.
Contact your local Community Dispute Resolution Center (CDRC). Use this official directory to find your county’s CDRC.
Complete and submit the CDRC arbitration or mediation intake form (see "Request for Mediation/Arbitration Form").
Agree on arbitration with your landlord—arbitration usually requires both parties' voluntary participation.
Attend the scheduled session. Bring any evidence, lease documents, or photos that support your case.
If an agreement is reached, both parties sign a settlement, which may be made enforceable by the Housing Court if needed.

Tip: Arbitration can prevent lengthy court battles and help preserve a working relationship between renter and landlord.

Frequently Asked Questions

Can my landlord refuse to go to arbitration?
Yes, arbitration in New York residential disputes is usually voluntary. Both sides must agree to participate, though courts often encourage it before advancing a case.
Is arbitration legally binding in New York?
If both renter and landlord sign a written agreement after arbitration, it can be enforced like a contract and, in some cases, entered into a court record to become legally binding.
How is arbitration different from mediation?
Mediation helps parties communicate and find a solution together, while in arbitration, the third party can issue a decision. Mediation is often attempted first.
Are there fees for renter-landlord arbitration?
Community Dispute Resolution Centers (CDRCs) typically offer services at no or low cost. Always confirm with your specific center for any fees.
What if my landlord still doesn't comply after arbitration?
You may ask the Housing Court to enforce a signed arbitration agreement. Keep all paperwork for this purpose.

Conclusion: Key Takeaways for Renters

Arbitration can be a fast, less stressful route for solving rental disputes in New York.
Official forms and centers, like your local CDRC or Housing Court, help start the process.
Know your rights under the New York State Real Property Law and use government resources for up-to-date guidance.

In summary, arbitration offers renters and landlords a fair chance to resolve problems without lengthy court cases—and puts the focus on finding durable solutions.

Need Help? Resources for Renters

New York State Mediation and Arbitration Program Directory
New York City Housing Court – Main resource for court-based dispute resolution
NY Courts Tenant Resources – Guides and help for renters statewide
NYS Division of Housing and Community Renewal – Renters Information
For help in your area, find your local Community Dispute Resolution Center