The Court Issues the Order — But the Marshal Makes It Real: Understanding NYC Housing Court Warrants and the Eviction Marshal’s Role in Queens

If you’re a landlord or tenant navigating an eviction in Queens, you’ve likely heard terms like “Warrant of Eviction” and “City Marshal” thrown around — sometimes interchangeably. But these are two very different things, and confusing them can lead to costly mistakes. Understanding how the NYC Housing Court warrant and the eviction marshal’s role work together is essential knowledge for anyone involved in a landlord-tenant dispute in Queens today.

What Is an NYC Housing Court Warrant of Eviction?

A warrant is a document issued by the court based upon a judgment of possession awarded by the court, which permits the sheriff or marshal to remove persons from a premises. Think of it as the legal green light — but it is not the eviction itself. A warrant of eviction is the final court order in a New York eviction case, and no tenant can be physically removed from a home without one. A judge issues this warrant only after a landlord wins a possession lawsuit, and a law enforcement officer must give the tenant at least 14 days’ written notice before carrying it out.

The warrant ends the tenant’s legal right to the property and sets a specific timeline for physical removal, but tenants still have options to delay or stop the process even after the warrant is signed.

It’s also critical to understand what a warrant is not. A warrant of eviction is a court order that directs a sheriff, city marshal, or constable to restore a landlord to possession of their property. It is not a letter from a landlord or a notice taped to a door. Landlords cannot self-execute a warrant. The landlord is prohibited from performing the eviction themselves.

How Does the Warrant Get Issued?

The process begins long before any marshal shows up at a door. In order to start a proceeding to evict a tenant, the landlord, or his or her attorney, must prepare a petition requesting a court hearing, which must be served on the tenant and filed with the court. Once the court rules in the landlord’s favor, after the judgment is awarded, you must contact the marshal so that the marshal can requisition the warrant from the court.

After the court enters a judgment of possession, the warrant doesn’t just appear in the landlord’s hands. In New York City, a city marshal or deputy sheriff must request the warrant from the court. The marshal submits paperwork to the warrant clerk, who reviews it and issues the warrant directly to the officer if everything checks out.

What Is the Role of a NYC Eviction Marshal?

New York City Marshals are public officers, appointed by the Mayor, but they are not paid employees of the City of New York. They earn income by performing certain tasks in New York City Civil Court cases, including carrying out evictions. City Marshals charge fees for their services.

Before a marshal may conduct an eviction, he or she must first request that the court issue a Warrant of Eviction. In New York City, City Marshals and deputy sheriffs are the only public officers authorized to request a Warrant of Eviction from the court. Once the warrant is in hand, the marshal’s duties are clearly defined by law.

For landlords and tenants in the borough, working with a licensed eviction marshal queens means engaging an officer who must follow strict legal protocols every step of the way.

The Marshal’s Step-by-Step Responsibilities

Receiving the warrant is just the beginning of the marshal’s work. Here is what the law requires:

• Serving the Notice of Eviction: The Marshal or Sheriff must serve the tenant with a Notice of Eviction (also known as the Marshal’s Notice or 72-Hour Notice) giving the tenant at least 14 days to vacate the premises before the scheduled eviction date.
• Knocking and identifying: In enforcing a Warrant of Eviction, a marshal must first knock on the tenant’s door, identify himself or herself as a City Marshal. If the tenant is not home or refuses to admit the marshal, he or she is authorized to gain entrance to the premises to enforce the warrant.
• Changing the locks: The marshal sees that any entrance locks on the premises to which the tenant may have access are changed.
• Protecting vulnerable occupants: If, upon arriving at the premises, the marshal discovers that the tenant or any occupants of the unit are mentally ill, handicapped, elderly, or otherwise unable to care for themselves, the marshal must notify the Department of Investigation and the appropriate social welfare agency. The eviction must be postponed for approximately two weeks to give the appropriate social service agency an opportunity to provide assistance to such occupants.
• Notifying tenants of their belongings: After the warrant has been executed, the marshal is required to notify the evicted tenants of the location of their property.

Can a Tenant Stop an Eviction After the Warrant Is Issued?

Yes — and this is where many Queens tenants find relief. The tenant may ask a court to issue an Order to Show Cause (OSC) and a Stay, an order staying, or delaying, the eviction until the issues raised by the tenant are addressed on a hearing date set by the court. If the marshal is served with a signed OSC that stays the eviction, he or she is legally bound by the directions of the court, but if the court does not stay the eviction, the marshal must go forward with it.

In nonpayment cases specifically, a tenant who pays all rent arrears and legal fees before the Marshal or Sheriff physically removes them generally has the absolute right to “stay the warrant” and stop the eviction.

Eviction vs. Legal Possession: Know the Difference

Another distinction many people overlook is the choice between a full eviction and a legal possession. In both evictions and legal possessions, the City Marshal returns control of the real property (apartment, store, etc.) to the landlord. However, the key difference lies in what happens to the tenant’s belongings. For an eviction, the marshal must hire a bonded moving company licensed by the New York State Department of Transportation, and must direct the moving company to deliver the items removed from the premises to a warehouse licensed by the Department of Consumer Affairs. In a legal possession, the tenant’s personal property remains on-site under the landlord’s temporary care.

Serving Queens With Professionalism Since 1988

For landlords and property owners in Queens who need a trusted, experienced marshal to execute a court-issued warrant, NYC Marshal Edward Guida #14 — found at nycmarshal14.com — has been a cornerstone of the community for decades. They serve their clients and community with compassion, understanding, and dignity since 1988. Edward F. Guida Sr. dedicated his life to New York City, and the office carries on his legacy by running a respectful and efficient marshal office in the 5 boroughs.

As a NYC Marshal office, they are authorized to perform a Legal Possession or an Eviction once a Warrant of Eviction has been issued by the NYC Court System within the 5 boroughs. While acting on your behalf, they always conduct themselves in a respectful and professional manner with all parties involved. The office is equipped with the latest technology to gather and facilitate information and documentation needed during this process.

You can contact them today at (718) 779-2134. They currently offer marshal services in all five boroughs of New York City, with offices open Monday through Friday from 9am–5pm.

The Bottom Line

The NYC Housing Court warrant and the eviction marshal are two essential but distinct pieces of the eviction puzzle. The court provides the legal authority; the marshal provides the lawful execution. Neither can do the other’s job. Whether you are a landlord seeking to reclaim your property or a tenant trying to understand your rights, knowing this difference empowers you to navigate the process with clarity and confidence — especially in a borough as dynamic and densely populated as Queens.