What the Depends on the court: NYC Civil Court Clerk (Housing Court), City Court Clerk, District Court Clerk, or the Town/Village Justice Court clerk charges to file an eviction or a small claims case, what the sheriff outside new york city; city marshal inside new york city charges to serve it, and how to ask the court to waive the fees.
This is a floor, not a total. It adds up only the components this county actually publishes — the missing pieces below will push it higher. Attorney fees, if you use one, are on top of this and are not included.
Everything the clerk charges on an eviction or small claims case in Westchester County. The figures set by state statute are verified and apply here. A dash means we have not yet read this county’s own schedule — not that the fee is zero.
| Fee | Amount | Notes |
|---|---|---|
| Eviction filing — possession + rent claim | — | |
| Eviction filing — possession only | — | |
| Appearance fee — eviction defendant | — | |
| Appearance fee — small claims defendant | — | |
| Jury demand — 12 jurors | — | |
| Jury demand — 6 jurors | — | |
| Jury demand — small claims | — | |
| Mediation fee | — | |
| E-filing surcharge | — | New York's own e-filing system, NYSCEF, does not add a separate charge on top of the court's filing fee. We did not find any statewide surcharge for filing an eviction or small claims case electronically in New York. |
The filing fee is not the whole bill. Somebody has to serve the defendant, and in New York the sheriff outside new york city; city marshal inside new york city sets that price county by county — it is the most variable number on this page. The Sheriff's or Marshal's own charge is fixed statewide at $20 to serve the initial papers and $75 to execute the warrant of eviction, under CPLR 8011, whether the county calls its officer a Sheriff or, inside New York City, a Marshal. Mileage is added separately and does vary by how far the officer has to travel. A private process server, often used instead of the officer for the initial papers, charges a market rate that is not set by statute and that we did not find published anywhere official.
$20.00, in advance, set by CPLR 8011 and identical whether the officer is a county Sheriff (outside New York City) or a New York City Marshal. Add mileage, which is not fixed statewide. Many landlords use a private process server instead for this step, since state law does not require an officer to serve the initial notice of petition.
$75.00, in advance, for the Sheriff or Marshal to execute the warrant of eviction and remove whoever remains in the unit, fixed by the same statute, CPLR 8011, statewide. Only the Sheriff or Marshal may perform this step.
New York courts will waive court fees, costs, and charges for people below certain income levels, under CPLR § 1101 and CPLR § 1101(d) (application at the start of a case, without a separate motion). There is one statewide form — you do not need a Westchester County version of it.
| The court waives | If your available income is |
|---|---|
| Automatic, full | You currently receive public assistance, Supplemental Security Income, or are represented by a legal aid or legal services organization. CPLR 1101(a) lets you skip the financial-detail affidavit entirely. |
| Full or partial, by application | You are not on public assistance but cannot afford the fees. You file a sworn statement of your income, expenses, and assets, and the court can waive the fees in full, waive some and not others, or deny the request. |
New York is not strictly all-or-nothing the way Georgia and Florida are. The statute gives the court room to grant the waiver "in whole or in part," so a judge can excuse the court's own filing fee while still requiring payment of something else in the case. What a New York fee waiver never covers, no matter how it is granted, is the Sheriff's or Marshal's charge to serve papers or execute a warrant, or a private process server's bill — those are paid to a different office and CPLR 1101 does not reach them. A tenant or landlord who gets a full court-fee waiver can still owe the $20 and $75 CPLR 8011 figures above.
Fee waiver information verified July 31, 2026 against the Illinois General Assembly statute text and the Illinois Courts approved-forms library. We report what the statute and the form say. We cannot tell you whether you qualify — that is the court's decision.
Westchester County Circuit Court
Depends on the court: NYC Civil Court Clerk (Housing Court), City Court Clerk, District Court Clerk, or the Town/Village Justice Court clerk
No clerk website found. Contact the county courthouse directly.
NYSCEF (New York State Courts Electronic Filing)
NYSCEF is the state's own free e-filing system, not a paid third-party portal, so unlike Georgia's PeachCourt it does not add its own service charge on top of the court's fee. As of a rule change effective February 23, 2026, attorneys handling a landlord-tenant case in New York City Civil Court must e-file unless they certify they lack the equipment or technical ability to do so. A tenant or landlord representing themselves is automatically exempt and may still file on paper at the clerk's counter. eFileIL →
We publish the court's and clerk's own contact information and link to their pages. We do not take your information, route you to anyone, or file anything on your behalf. For questions about court procedure — as opposed to what it costs — use the Illinois Courts self-help center.
The number that matters most here is not a dollar figure, it is a structural one: New York's eviction filing fee is fixed entirely by statute, with no local discretion anywhere, but the statute sets two different amounts depending on the type of court, and most counties contain both types at once. We checked the fee actually posted or confirmed at courts in nine counties spanning the state — all five New York City boroughs (New York, Kings, Queens, Bronx, and Richmond), Erie (Buffalo City Court), Chemung (Elmira City Court), Nassau (Nassau County District Court), and Suffolk (its District Courts and its Town Courts) — plus the statute that governs the roughly 1,200 Town and Village Justice Courts everywhere else. Every City Court, every District Court, and NYC's Housing Court charge the same $45.00 to open a case, set by whichever of NYC Civil Court Act, Uniform City Court Act, or Uniform District Court Act section 1911 applies. Every Town and Village Justice Court charges $20.00, set by Uniform Justice Court Act section 1911. That is the full observed range: $20.00 to $45.00, and both figures are printed in statute, not chosen by a county or a local court rule. The problem for a site organized by county is that 57 of New York's 62 counties contain courts of more than one type — a city with its own City Court sitting inside a county otherwise covered by a dozen or more Town and Village Justice Courts is the normal case, not the exception. Nassau County is the one place outside New York City where a single court, the Nassau County District Court, genuinely hears every eviction in the county. Everywhere else, including populous counties like Erie, Suffolk, Monroe, and Onondaga, which court you land in, and therefore whether you pay $45 or $20, depends on the exact municipality the rental property sits in, not on the county.
This is not a schedule keyed to how much money is in dispute, the way Florida's is. It is keyed to which kind of court has the case, and that in turn is keyed to the exact city, town, or village the rental unit sits in — information a county-level page cannot supply on its own.
Statutory backbone: N.Y. City Civ. Ct. Act § 1911; N.Y. Uniform City Court Act § 1911; N.Y. Uniform Dist. Court Act § 1911; N.Y. Uniform Justice Court Act § 1911 — Court fee schedules under New York's four parallel trial-court procedural acts. All four acts were adopted as a package in the 1960s to standardize practice across New York City Civil Court, City Courts, District Courts, and Town/Village Justice Courts, and each has carried its own section 1911 fee schedule ever since.. There is no cap-plus-local-rule arrangement here the way Georgia has one. Section 1911 of the City-Court-family acts (NYC Civil Court Act, Uniform City Court Act, Uniform District Court Act) sets the notice-of-petition fee at a flat $45.00, full stop, and section 1911 of the Uniform Justice Court Act sets the Town/Village figure at a flat $20.00, full stop. No county board, city council, or town justice has authority to raise or lower either number. The clerk in a rural Justice Court and the clerk in a busy City Court are both simply reading a number the Legislature already fixed. Statute text checked July 31, 2026.
Compiled and verified by David Scott. We re-check every source document monthly and re-read any county whose schedule has changed. If the clerk quotes you something different from what is on this page, tell us and we will fix it. Read the full methodology.