Sealing an Eviction Record in New York: Renter Guide

Having an eviction on your record can impact your ability to rent in the future. Renters in New York navigating this situation often wonder if an eviction can be sealed, how to do it, and what forms or steps are involved. This guide explains the process, provides official resources, and highlights your rights under New York State law.

Understanding Eviction Records in New York

In New York, eviction court cases (properly called "summary proceedings") are generally public records. This means landlords, screening companies, and others can access this information. Sealing an eviction record means limiting who can view the court case, protecting your privacy and avoiding negative consequences when applying for a new apartment.

When Can an Eviction Record Be Sealed?

As of June 2022, New York law allows certain eviction records to be sealed automatically or by request if:

• The case was resolved in your favor (the eviction was dismissed or denied).
• The eviction was based on nonpayment of rent during the COVID-19 emergency period (March 7, 2020 to January 15, 2022).
• The court believes sealing is "in the interest of justice."

This change is due to updates in New York court policy and statewide judicial directives.^[1]

How to Apply to Seal Your Eviction Record

If your case does not qualify for automatic sealing, you can file a motion (formal request) with the court to have your eviction record sealed. The process may vary slightly by county, but the steps and forms are generally similar across New York State.

Required Form: Order to Show Cause

• Form Name: Order to Show Cause (OCSCU)
• Purpose: Asks the court to schedule a hearing to decide if your eviction record should be sealed.
• Official Form Link: DIY Order to Show Cause

How to Use: For example, if your eviction case was dismissed but is still listed on background checks, you can complete and file this form, asking the judge to seal your record "in the interest of justice." Instructions and an online DIY tool are available via the New York State Unified Court System.

The Tribunal Handling Evictions

Residential eviction records are managed by the New York State Unified Court System (Housing Court). Tenants and landlords resolve disputes here for both New York City and other regions.

Step-by-Step: Sealing an Eviction Record

• Check if your eviction is eligible for automatic sealing under court policy or COVID-19 rules.
• If not automatically sealed, download or use the Order to Show Cause online tool from the official court website.
• Complete the required information, explaining why sealing your record is justified (for example, you won your case or have evidence of hardship).
• File the form with the court clerk in the county where your eviction case was heard.
• You may need to serve copies of your motion to your former landlord or their attorney.
• Attend your scheduled court hearing. Bring any documents that support your request, such as proof that the eviction was dismissed.
• Wait for the judge's decision; if approved, the record will be sealed and hidden from public searches.

Your Rights Under New York Law

The New York State Real Property Law sets out your rights as a tenant, including eviction rules and procedures.^[2] New York City renters have extra protections under the City's Tenant Rights.

Summary Table: Key Eviction Record Sealing Facts

• Certain cases are sealed automatically (e.g., COVID-19 rent cases, dismissals).
• For most other cases, you must ask the court with the proper forms.
• Sealing does not erase your record, but restricts access for most background checks.
• Only a judge can order a record sealed "in the interest of justice."

Frequently Asked Questions

1. Can all eviction records be sealed in New York?
   Most, but not all. Some are sealed automatically (such as those dismissed or related to COVID-19 rent debt). Others require a court order.
2. How long does it take to seal an eviction record?
   It depends on court scheduling, but from filing the motion to decision, it may take several weeks to a few months.
3. Does sealing an eviction record remove it from my credit report?
   No. Sealing affects court records, not credit reports. If your credit was impacted, you may have to work with agencies separately.
4. Is there a fee to file to seal an eviction record?
   Usually, there is no fee to file an Order to Show Cause. If you're unsure, check with the court clerk.
5. Who can help me with this process?
   Legal aid and tenant advocacy organizations, as well as the court's Help Centers, can offer assistance and guidance.

Key Takeaways for Renters

• You may be able to seal your eviction record in New York, either automatically or by requesting it from the court.
• Use the official Order to Show Cause form and follow the required steps.
• Always reference official court resources and know your rights under New York Real Property Law.

Need Help? Resources for Renters

• New York State Unified Court System – Eviction Help
• NYC Housing Court – How Court Works
• CourtHelp Centers (In-person and phone support)
• Legal Assistance through NYC Bar Association
• Read the New York State Real Property Law – Tenant Rights for full legislation details

---

1. See NY Courts Sealing Directive 22 NYCRR 212.59
2. New York State Real Property Law – Tenant Protections

Categories

Renter Rights & Legal Protections Lease Agreements & Renewals Rent, Fees & Security Deposits Moving In: Inspections & Disclosures Moving Out & Ending a Lease Maintenance, Repairs & Habitability Health & Safety Standards Evictions & Lease Violations Roommates, Subletting & Shared Housing Discrimination & Fair Housing Laws Accessibility & Disability Accommodations Utilities, Services & Billing Affordable Housing & Rental Assistance Rent Control & Rent Stabilization Privacy Rights & Landlord Entry Security, Locks & Emergency Protections Dispute Resolution & Legal Aid Retaliation & Harassment Protections Mobile Home & Manufactured Housing Rights Special Housing Types & Situations