Facing Eviction in New York City: What Can I Do?
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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Your landlord cannot just throw you out. In New York City, an eviction takes written notice, a housing court case, a judgment (the court's decision), and a marshal. This guide covers your main defenses, what to do after a lockout, and where to get a free lawyer. For notice periods and court deadlines, see the New York state guide.
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Your landlord can only evict you through housing court. The landlord must win the case and get a judgment (the court's final decision in your case). Then only a sheriff, marshal, or constable can actually remove you.
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For unpaid rent, the landlord must first give you a written demand for the rent. The demand must give you 14 days to pay. Without it, the landlord cannot start a court case to evict you for not paying rent.
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Many market rate tenants in NYC are covered by the Good Cause Eviction law. A covered landlord needs a good reason to end your rental. You can raise this law as a defense in housing court. It covers cases filed on or after April 20, 2024.
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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 case about not paying rent.
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If your landlord takes you to court for not paying rent, the case can only be about the rent you owe. You cannot be evicted for unpaid late fees, legal fees, or other added charges.
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Never ignore court papers. If you skip court, the landlord can win by default and get an eviction order against you.
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Where to get help: NYC gives you a free eviction lawyer. This is 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.
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Before court, you can also call 311 and ask for the Tenant Helpline. NYC renters get free legal advice there.
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If the case is about back rent you cannot pay, apply for a One Shot Deal emergency grant from NYC HRA. It can cover rent you owe so you keep your home. Apply on ACCESS HRA or call 718-557-1399. Free legal aid groups can also represent you if you qualify. Check lawhelp.org to find one near you.
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If your landlord takes you to court for not paying rent, paying stops the eviction. If you pay all the rent you owe before the marshal acts, the court must dismiss the case.
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If you lose your case, you can ask the judge for more time to move. The judge can give you up to 1 year if you cannot find a similar apartment nearby. The judge looks at your health, your children's school, and other life facts.
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If your landlord locks you out or forces you out illegally, you can start an illegal lockout case (to return home) in housing court. A court can order you back in and make the landlord pay you 3 times the money you lost. Example: 3 times a $1,000 loss is $3,000. If you feel safe doing so, you can also report it at the nearest police station. You can write down what happened and when, and call legal aid. You get this money only if you win your case and your landlord pays.
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