Can't Pay Rent in New York City
Falling behind on rent is scary, but you have time and options. New York law limits late fees, requires a 14 day warning before court, and lets you stop an eviction by paying what you owe. NYC also has emergency cash programs and free lawyers.
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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.
✓ Sources checked August 22, 2026
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Before suing you for unpaid rent, the landlord must give you a written demand for the rent. The demand must give you 14 days to pay. Use those 14 days to get help.
✓ Sources checked August 22, 2026
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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.
✓ Sources checked August 22, 2026
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If court papers arrive, never ignore them. If you skip court, the landlord can win by default and evict you.
✓ Sources checked August 22, 2026
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A nonpayment case can only be about rent. The landlord cannot evict you over unpaid late fees, legal fees, or other added charges.
✓ Sources checked August 22, 2026
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If your landlord sued you after a big rent increase, the Good Cause Eviction law may protect you. Covered tenants can challenge rent increases above a certain level as part of a nonpayment case.
✓ Sources checked August 22, 2026
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Paying stops the case. If you pay all the rent you owe before the marshal carries out the eviction, the court must dismiss the nonpayment case.
✓ Sources checked August 22, 2026
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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.
✓ Sources checked August 22, 2026
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If you lose the case, ask the judge for time to move. The judge can give you up to 1 year if you cannot find a similar apartment nearby. You may have to keep paying rent for the months you stay.
✓ Sources checked August 22, 2026
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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.
✓ Sources checked August 22, 2026
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For free legal advice at any point, call 311 and ask for the Tenant Helpline.
✓ Sources checked August 22, 2026
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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.
✓ Sources checked August 22, 2026
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Free legal aid groups across New York can also represent you if you qualify. You can search for legal aid groups near you here: https://www.lawhelpny.org/find-legal-help
✓ Sources checked August 22, 2026
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