Can't Pay Rent in New York City: What Are My Options?

This is not legal advice. We explain what the law says. We cannot tell you what to do in your situation. For that, talk to a lawyer. Find free legal and rent help in New York City.

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Falling behind on rent is scary, but you have time and options. New York law limits late fees and requires a 14-day written rent demand before a court case. You can stop a nonpayment case by paying all the rent you owe. NYC also offers emergency cash, help to avoid a shelter, and free lawyers. For more on notices and court steps, see the New York state guide.

  1. Your rent is not late until 5 days after the due date. The late fee is capped at $50 or 5% of your monthly rent, whichever is less. 5% of $1,000 rent is $50. So on $1,000 rent the most the landlord can charge is $50.

    New York Attorney General Late Fees; Real Property Law § 238-a

  2. Even if you owe rent, the landlord cannot force you out on their own. Only a sheriff, marshal, or constable can evict you, and only after the landlord wins in court. Lockouts, threats, and shutting off heat or water are illegal.

    New York Attorney General Tenant Protections During Eviction; RPAPL § 853

  3. Apply for emergency cash right away if you may lose your home. NYC calls this a One Shot Deal. It can cover back rent after a job loss, a pay cut, or another emergency. You may have to pay some of it back later. You can apply for Emergency Assistance even if you got it before. You can apply here: https://a069-access.nyc.gov/accesshra/ or visit an HRA Benefits Access Center. After you apply, HRA will interview you. For questions, call the HRA Infoline at 718-557-1399, Monday to Friday, 8am to 5pm.

    ACCESS NYC (NYC Human Resources Administration) One Shot Deal: How it works

  4. If you may end up in a shelter, contact Homebase. They are NYC's program to stop homelessness before it happens. You do not have to wait until you are in housing court to seek help from them. Find a location by calling 311 or viewing the HomeBase map and searching by your zip code: https://www.nyc.gov/site/hra/help/homebase-locations.page. Then, call to schedule an appointment.

    ACCESS NYC (NYC Human Resources Administration)

  5. If the landlord sues you, NYC gives you a free eviction lawyer through the Right to Counsel program. Call 311 and ask for the Right to Counsel. It is free in every ZIP code, no matter your immigration status.

    NYC Mayor's Public Engagement Unit Right to Counsel: Background

  6. For free legal advice at any point, call 311 and ask for the Tenant Helpline.

    NYC Housing Preservation and Development (HPD) Tenants' Rights and Responsibilities: free legal advice

Published by Nazanin · September 24, 2026 · sources checked October 5, 2026

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