Eviction Protections
Eviction in NYC requires a court proceeding — your landlord cannot simply lock you out or force you to leave. NYC tenants have extensive protections including the right to counsel program, which provides free legal representation to eligible tenants.
Your Landlord Cannot Self-Evict
It is illegal for your landlord to lock you out, shut off utilities, remove your belongings, or otherwise force you out without a court order. This is called an illegal eviction, and it's a criminal offense in New York. If this happens to you, call 311 or 911 immediately. You can also bring a case in housing court to be restored to your apartment.
The Eviction Process
Legal eviction in NYC follows strict steps: First, the landlord must serve a predicate notice (such as a notice to cure, notice of termination, or notice to pay rent). Then they must file a case in housing court and have you properly served with court papers. You have the right to appear, answer, and defend yourself in court. Even after a judgment, only a city marshal or sheriff can carry out an eviction — never the landlord.
Right to Counsel
NYC's Right to Counsel law guarantees free legal representation to tenants facing eviction in housing court who live in eligible zip codes and meet income requirements (generally 200% of the federal poverty level). Since the program launched, eviction rates have dropped significantly in covered areas. Call 311 to find out if you qualify.
Defenses Against Eviction
Common defenses include: the landlord failed to follow proper notice procedures, the eviction is retaliatory (filed because you complained about conditions), the landlord failed to maintain the apartment (warranty of habitability defense), or the landlord discriminated against you. An attorney can identify which defenses apply to your situation.
Do's & Don'ts
Do
- Respond to court papers immediately — never ignore them
- Go to every court date
- Call 311 to check if you qualify for free legal representation
- Document any harassment or illegal lockout attempts
- Seek legal help as early as possible
Don't
- Leave your apartment voluntarily under pressure
- Let your landlord change the locks or shut off utilities
- Ignore notices or court papers
- Assume you have no defense — there are many legal protections
- Sign any agreements without reading carefully or getting legal advice
Helpful Resources
Need Help? Call Housing Court Help
(646) 386-5554Frequently Asked Questions
4 questions answered
No. A landlord must file in Housing Court and obtain a judgment before evicting you. Only a marshal can physically remove you, and only after a court order. A self-help eviction (changing locks, removing belongings) is illegal.
NYC provides free legal representation to eligible tenants facing eviction in Housing Court. Eligibility is based on income and zip code. Call 311 or visit righttocounselnyc.org to apply.
For month-to-month tenants: 30 days if you've lived there less than 1 year, 60 days for 1–2 years, and 90 days for more than 2 years. Rent-stabilized tenants have additional protections and must be offered renewal leases.
Your landlord must go through Housing Court. You may have defenses depending on your lease and how long the guest has lived there. NYC's pet law also protects tenants who have kept a pet openly for 3+ months.
Disclaimer
This guide is for informational purposes only and is not legal advice. For advice specific to your situation, contact a qualified attorney or one of the free legal services listed above.