How Renters Can Pause a Sheriff Lockout During Appeal in New York

If your New York eviction case has resulted in a warrant for eviction and a sheriff's lockout is scheduled, you might still have options as a renter. In certain circumstances, filing an appeal can put a temporary stop ("stay") on the lockout. This guide walks you through what a stay is, how the process works, and key steps to protect your home.

Understanding the Sheriff Lockout and Your Rights

When a housing court judge in New York rules in favor of a landlord in an eviction case, a warrant of eviction is issued. This allows law enforcement—usually a city marshal, sheriff, or constable—to change the locks and remove tenants if needed. However, renters have the right to appeal the court's decision. If you file an appeal, you can request a "stay of enforcement," which puts the eviction on hold while your case is reviewed.

What Is a Stay of Eviction?

A stay of eviction is a legal order that temporarily stops a lockout after a court decision. It protects renters from being removed while an appeal is being processed by a higher court.

How the Appeal Process Can Delay Eviction

The New York State Unified Court System manages eviction appeals for renters. When you file an appeal, the court doesn't automatically pause the eviction— you must formally request a stay of the eviction warrant.

• An appeal does not automatically stop a sheriff’s lockout. You must file additional paperwork to request a stay.
• Courts look at whether you are appealing in good faith, have legal grounds, and whether you can continue paying rent during the process.
• If granted, the "stay" will delay the eviction so the appeals court can review your case.

It's important to act quickly, as enforcement of the warrant can happen in just a few days after it is issued and served.

Which Tribunal Handles Appeals?

Eviction cases for renters in New York are handled by the New York City Housing Court (for NYC renters) and local City, Town, or Village Courts for the rest of the state. Appeals are filed with the Appellate Term (in NYC), or the appropriate Appellate Division elsewhere. All steps must comply with New York Real Property Actions and Proceedings Law (RPAPL)^[1].

Official Forms You Need to Request a Stay of Eviction

• Notice of Appeal (UCS-APPEAL-1)
  
  • When to Use: Filed to notify the court you intend to appeal the eviction decision. Must be done quickly, usually within 30 days of the judgment.
  • Practical Example: Maria, a Brooklyn renter, receives an eviction judgment. She files a Notice of Appeal with the Housing Court Clerk to formally start her appeal.
  • Official Source: NYC Housing Court Notice of Appeal (UCS-APPEAL-1) PDF
• Order to Show Cause to Stay Eviction
  
  • When to Use: After filing your appeal, submit this application directly to the housing court to request a judge order the lockout paused while the appeal is pending.
  • Practical Example: After submitting her Notice of Appeal, Maria completes an Order to Show Cause requesting the stay of the eviction.
  • Official Source: Order to Show Cause Application (NY Courts)

These forms must be submitted to the same housing court where your eviction case was decided.

How to Request a Stay of Sheriff Lockout During Appeal: Step-by-Step

If you want to pause a sheriff lockout by filing an appeal, follow these steps:

1. Quickly file a Notice of Appeal in the same court that issued the eviction judgment. Make sure you do this within 30 days of the judgment.
2. Complete and file an Order to Show Cause to Stay Eviction. This asks the judge to prevent the eviction enforcement during your appeal.
3. Gather any supporting documents (proof of payment, personal circumstances, receipt of payments, proposed rent escrow). Attach these to your Order to Show Cause.
4. The court will schedule a hearing. Attend promptly and explain your reasons for needing the stay while your appeal is reviewed.
5. If the stay is granted, you will receive a court order. Provide a copy to the sheriff or marshal to legally stop the lockout.

Remember, the appeals process is technical and deadlines are extremely strict. Missing a step could result in a lockout, so act quickly and seek help if you’re unsure.

FAQ: Staying a Sheriff Lockout in New York

1. Does filing an appeal stop my eviction automatically?
   No. Filing an appeal does not by itself prevent a sheriff lockout. You must file an Order to Show Cause to ask the court for a stay of the eviction.
2. Is there a deadline to request a stay?
   Yes. You should file both your appeal and your stay request as soon as possible, ideally right after the eviction judgment and before the lockout date on your eviction notice.
3. Can any tenant ask for a stay?
   While all renters have the right to request a stay, the judge decides whether to grant it based on your reasons, history, and likelihood of success on appeal. Providing strong documentation helps your case.
4. Do I have to keep paying rent while the stay is in place?
   Most judges require tenants to pay ongoing rent (sometimes into court escrow) during the appeal process as a condition of granting the stay.
5. Where can I get legal help with these forms?
   You can visit the official court help center or contact free legal services such as NYC Housing Court Help Centers for step-by-step assistance.

Conclusion: Key Takeaways for New York Renters

• Filing an appeal can pause (stay) a sheriff lockout, but only if you quickly file the correct forms.
• You must submit both a Notice of Appeal and an Order to Show Cause to Stay Eviction, and sometimes provide additional proof or payment.
• Seek help from court staff, legal services, or local housing advocates if you’re unsure how to proceed—acting quickly is crucial.

Need Help? Resources for Renters

• New York City Housing Court (Eviction forms, tenant info, court locations)
• NY State CourtHelp: Eviction Cases (Decision guides and forms)
• New York Real Property Actions and Proceedings Law (RPAPL)
• CourtHelp: Housing Issues (Court navigation and legal aid info)
• LawHelpNY: Eviction Help and Legal Aid

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1. New York Real Property Actions and Proceedings Law (RPAPL)
2. Notice of Appeal (UCS-APPEAL-1), NY Housing Court
3. Order to Show Cause, NY Housing Court

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