Housing & Tenant Rights

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Is your landlord trying to evict you or lock you out? Did your rent unexpectedly jump? Is your landlord failing to make repairs in your apartment? If you are having issues with your apartment or landlord, Legal Services NYC is here to help. 

Legal Services NYC is at the forefront of the fight to prevent evictions, preserve safe and affordable housing, and protect homeowners from scammers and foreclosures. Our dedicated advocates engage in zealous tenant representation, working citywide to defend, enforce, and further tenants’ rights. Through a multifaceted docket of defensive and affirmative litigation; representation in administrative proceedings; and outreach and know-your-rights events, the advocates at LSNYC work to strengthen tenants’ rights in and beyond New York City. Learn more about our housing practice here.

Note: If you have a court date for an existing eviction case, you must attend that hearing in housing court and will be assigned representation through NYC’s Right to Counsel program in court.

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.

What are my basic tenant rights?

All tenants in New York City have many rights, including the right to safe and habitable housing, freedom from discrimination and harassment, and due process before they can be evicted (which means that you cannot be evicted without being taken to court and having the right to a trial). Learn more about your tenant rights in New York City.

Learn more here.

How can I stop an eviction?

If you received a “notice of petition – non-payment” or “notice of petition – holdover” from your landlord, that means your landlord has initiated legal proceedings to evict you from your apartment. You must answer the petition in person at the Housing Court Clerk’s office. The Clerk will then provide you with a court date. You should try to find a lawyer to help you during this time. If you meet eligibility requirements, you may be assigned a free housing attorney through NYC’s Right to Counsel program in housing court, which Legal Services NYC staffs on certain days. If not, there are many pro se resources available to help tenants navigate the process without representation. There are also many eviction defenses and ways to stay in your apartment, so don’t lose hope. Also, only a marshal or sheriff can evict you, and your landlord must bring you to court and get a judgment first.

Learn more here.

What do I do if my landlord illegally locks me out?

It is an illegal, criminal act for your landlord to lock you out of your apartment. All tenants have the legal right to remain in their home unless evicted by an NYC Marshal after going through the housing court process. Your landlord cannot evict you verbally, through letters or notices, or by changing the locks. If your landlord or property manager tries to illegally lock you out, call 911 or the police who may be able to get you access to your home. You should also call 311 to be linked to a legal service provider who can help you or call us directly at 917-661-4500. Your or your lawyer should also file an illegal lockout petition in NYC Housing Court in your borough as quickly as possible. Learn more about your tenant rights and illegal lockouts at the link below.

Learn more here.

How to get a lawyer under the New York City Right to Counsel (RTC) Law?

City law mandates that tenants facing eviction in Housing Court or in NYCHA Termination of Tenancy proceedings should receive free legal representation for those cases. However, there are not enough lawyers for everyone who needs one. People suing a landlord for repairs are not eligible for the Right to Counsel program. Learn more about who is eligible for an attorney, how to get one, and what to do if an attorney is not available.

Learn more here.

What are some common mistakes I can avoid in NYC housing court?

Housing Court can be confusing and intimidating. Many tenants get evicted because of simple mistakes, such as ignoring court papers, missing court dates, going to the wrong court room signing agreements you don’t understand, etc. Here are some tips on how to avoid some common mistakes.

Learn more here. 

Words you might hear in housing court

There are many technical terms and words used in housing court that you might be unfamiliar with, like adjournment, affidavit, contempt, order to show cause etc. Familiarize yourself with these terms and definitions to help prepare for your court date.

Learn more here.

How can I force my landlord to make repairs?

Tenants in New York City have the right to safe and habitable living conditions, including the right to be free from harassment. If you believe your landlord is violating the terms of your lease, specifically “the warrant of habitability,” by failing to keep your safe and livable (i.e. by failing to provide heat, hot water, access to your apartment, or fix dangerous living conditions) you can sue your landlord for repairs in Housing Court in what is known as an “HP Action.”

Learn more here.

Are you being harassed by your landlord?

Tenant harassment is when a landlord takes action to force any tenant to leave their home or give up their rights. This includes the use of force or threats to use force, interrupting services like heat, hot water, power and more. 

If you are being harassed by your landlord, you can start a court action called an HP action to get a court to order your landlord to stop and to impose penalties on the landlord. If you are a rent-regulated tenant, you can also file a harassment complaint with DHCR, which may result in an order to stop, fines for the landlord, and your rent being frozen until there is compliance.

Learn more here.

How do I get rental assistance when I’m behind on my rent?

New York City tenants can apply for help with back rent through a few different methods, including One Shot Deals, charitable donations, and through housing vouchers, such as FHEPS and CityFHEPS. Find out what documents you’ll need to apply and more about the programs and eligibility.

Learn more here.

How do I apply for a one-shot deal?

If you are at risk of eviction for nonpayment of rental arrears, you may be eligible for a One-Shot Deal: a one-time payment that can help a tenant pay rental arrears. A One-Shot Deal is a one-time payment issued by the Human Resources Administration (HRA), and sent directly to your landlord. In some cases, a part or all of the One-Shot Deal has to be repaid to HRA.

Learn more about how to apply here.

I recently signed a one-shot repayment agreement for rental or utility arrears.  What happens now?

If you applied and received a one-shot deal from the NYC Human Resources Administration (HRA), you have agreed to repay HRA the money you received for assistance to pay for your rental or utility arrears. There is no interest charged.  Once your repayment agreement is received and the HRA check to the landlord or ConEdison is cashed, HRA will begin billing you. 

If you are currently receiving cash assistance or shelter assistance, you will be recouped from your semimonthly assistance. This means that HRA will deduct a certain amount from your semimonthly assistance until the rental or utility arrears are fully repaid.  

If you are not receiving cash or shelter assistance, the amount you owe will be divided into 12 (for rental arrears) or 24 (for utility arrears) monthly installments.  Each month, you should receive a bill from HRA.

Learn more here.

I want to file a case against my landlord. Where can I find their information?

When filing a case against your landlord — such as suing over harassment or to receive repairs — or when responding to an eviction case, it is important to gather basic information about your unit’s status and your building’s ownership. Here are a few resources, websites, and tips for gathering information on your landlord.

Learn more here.

What is the new Good Cause Eviction Law?

NYC tenants who are not already protected by rent regulations may have new protections from large rent increases or evictions without good cause under the new Good Cause Eviction Law that is effective as of April 20, 2024. There are exemptions for properties that are owner-occupied or owned by small landlords, units that have high rents, and units built after 2009.

Learn more here. 

Can a landlord refuse to rent to me because of my criminal record?

As of January 1, 2025, in NYC, it is illegal for most housing providers to discriminate on the basis of a conviction history in rentals or sales, including co-ops and condos. Covered housing providers must first consider your general housing eligibility (ability to meet lease terms) AND make a conditional offer of housing. Only after this conditional offer is it lawful for a covered housing provider to run a criminal background check. If a covered housing provider DOES choose to run a criminal background check after making you a conditional offer, they may only consider very limited categories of convictions, including convictions that require registration on a sex offense registry at the time of the background check, felony convictions from the last 5 years, except those below, and misdemeanor convictions from the last 3 years.

Learn more here.

What type of housing do I live in?

Tenants of regulated housing — like rent-controlled or rent-stabilized apartments buildings receiving a tax benefit, or public housing — have additional rights related to the amount their rents can increase, when they are entitled to a lease in their name, and what grounds the landlord can use to refuse to renew their lease.

Learn more here.

What are my succession rights?

The family members of a rent regulated tenant who have lived with that tenant, and in the case of public housing have been listed on the family composition, can take over their lease when that tenant leaves the apartment or passes away. This is called “succession”.

Non-traditional family members can also have succession rights in many cases. 

Learn more here.

Do you need assistance in Housing Court because of a disability?

The Americans with Disabilities Act (ADA) is a federal law that requires all courts to provide assistance to people with disabilities so they can fully participate in the court process. ADA accommodations can include ASL interpreters, devices for those with limited vision, and support for appearing remotely. If you need any accommodation, request it as soon as you know about the case.

Learn more here.

I’m a NYCHA resident. What do I need to know about NYCHA’s rent adjustment process?

In 2021, LSNYC settled a lawsuit with NYCHA over their failure to timely and accurately reduce tenants’ rent who experienced an income drop, which is their obligation under the law. The settlement requires NYCHA to reduce tenants’ rents within 60 days after they request an “Interim Recertification” and document their loss of income. It also prevents NYCHA from starting a nonpayment eviction case, or a termination proceeding based on Chronic Rent Delinquency, until it has resolved Interim Recertification or Rent Grievance requests by tenants. This means that tenants cannot be evicted for not paying their old rent while they are waiting for NYCHA to calculate their new rent. 

Learn more here.

I’m a NYCHA resident. Should I vote to transfer my building to the Public Housing Preservation Trust?

In May 2022, the New York State Legislature created the Public Housing Preservation Trust, a public benefit corporation allowed to take on up to $10 billion in bond debt in order to rehabilitate NYCHA’s housing stock. But what is the Trust, how does it works, and what’s at stake for me and other NYCHA tenants?

Learn more here.

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