Getting Evicted in New York
I'm facing eviction — here's what New York law says and what to do next.
Statute: N.Y. Real Prop. Law § 235
Deadline: 1 days
Penalty: Tenant may recover up to $10,000 per violation; illegal eviction is a criminal misdemeanor punishable by fines and imprisonment up to one year
What is getting evicted?
Your landlord cannot just throw you out. Federal and state laws require landlords to follow specific legal procedures before they can evict you. An eviction without proper notice and a court order is illegal — it's called a "self-help eviction" and you can sue for it.
Even if you owe rent, your landlord must give you written notice, file a case in court, and get a judge's order before you can be removed. You have the right to appear in court and defend yourself.
What to Do If Your Landlord Is Trying to Evict You
Step 1: Read the notice carefully. It should state the reason for eviction and how many days you have to respond or fix the problem ("cure period").
Step 2: If the notice says "pay rent or quit," you can stop the eviction by paying the full amount owed within the cure period.
Step 3: If you receive a court summons, SHOW UP. Many tenants lose eviction cases by default because they don't appear. You have the right to present your defense.
Step 4: Gather evidence: your lease, rent receipts, photos of the property condition, any communication with your landlord.
Step 5: Contact your local legal aid office. Many offer free representation in eviction cases. Call 211 or visit lawhelp.org to find help in your area.
How New York differs from federal law
New York enacted sweeping tenant protections in 2019:
- Housing Stability and Tenant Protection Act (2019): Dramatically strengthened tenant protections statewide. Landlords must provide 30-90 days' notice before eviction or non-renewal (based on tenancy length).
- Rent-stabilized apartments (NYC): Tenants in rent-stabilized units cannot be evicted without just cause. Lease renewals are a legal right.
- Right to counsel (NYC): New York City provides free legal representation to tenants facing eviction in housing court if they live in certain zip codes and meet income requirements. This program has prevented thousands of evictions.
- Eviction filing fees: Landlords cannot pass eviction court costs to tenants.
Additional steps in New York
In NYC, call 311 for housing assistance or contact the Right to Counsel program. Statewide, contact the NY Attorney General's Tenant Protection Unit at (800) 771-7755.
What you should NOT do
Don't ignore the notice. Eviction timelines are strict. Missing a deadline can mean losing your right to fight it.
Don't move out just because the landlord says to. Until there's a court order, you have every right to stay.
Don't withhold rent without legal justification. If you have habitability issues, follow your state's "repair and deduct" or rent escrow procedures instead.
Don't destroy property. Damaging the rental unit can result in additional legal liability and hurt your case.
Don't wait — the clock is ticking.
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Generate your illegal eviction response →This page is general legal information for New York, not legal advice for your specific situation. Laws change, and how a statute applies depends on facts we don't know. For advice on your matter, consult a licensed attorney in New York.