Eviction Protection & Resources

Lockouts are illegal, no matter your immigration status.

• You are protected against a lockout if you have lived in the same place for at least 30 days, even if you did not sign a lease.
• If you signed a lease, you are protected against a lockout as soon as you move in.
• You cannot be locked out or "discharged," even if you signed papers saying you are in a private treatment/recovery or other program.

What to do if you've been illegally locked out of your home

1. Call 911 right away. Lockouts are criminal behavior and a misdemeanor under the "illegal eviction law."
   • NYPD's role is to protect the rights of a person who is being or has been unlawfully evicted.
   • Unlawful evictions are always illegal.
   • The NYPD may take action against someone trying to remove a tenant if they have probable cause to believe it is an unlawful eviction.
   • The NYPD can keep the peace on the scene while you take steps to get back into your home.
2. Call 311 and ask for the Tenant Helpline to get a referral to free legal services and other resources. (If you are experiencing a legal eviction, the Tenant Helpline is also here to help you. Call 311 to be connected to free services and other resources.)
3. Go to the housing court in your borough (addresses below) to file an Order to Show Cause for emergency relief to be restored to possession (allowed back in).
4. Call 311 and ask for HPD to report utility shut-offs. HPD would inspect and, where warranted, write a violation.

If you experience an illegal lockout and cannot get back in with help from the police department, go to the housing court in your borough right away. Housing Courts are generally open from 9am to 4:30 or 5pm. Find the housing court in your borough below.

If you are facing eviction, you may be able to receive free legal help through NYC's Office of Civil Justice (OCJ), a unit of the Human Resources Administration (HRA). OCJ has partnered with nonprofit legal services from across New York City to make free legal services and other resources available to tenants facing eviction. To find out more about OCJ's legal services for tenants you can:

• Contact the Tenant Support Unit: call 311 and ask for the "Tenant Helpline"

Free legal services may include legal advice, assistance with rental assistance applications and other required forms, advocacy with your landlord, or representation in your eviction case in court.

Need help but not sure where to start? After anonymously answering a series of questions about your situation, this tool provides personalized information to help you learn about your rights and maintain stable housing. Visit the Tenant Resource Portal to find resources that may be available to you.

Good Cause Eviction is a New York State law that went into effect on April 20, 2024. This law protects many tenants in unregulated units (also known as "market rate" apartments) from eviction, allows them the right to a renewal lease if there is no "good cause" to evict, and gives them the right to challenge certain rent increases in housing court.

Starting on August 18, 2024, all landlords are required to inform tenants whether they are covered by this law or not, and why, in all leases, lease renewals, 14-day rent demands for past-due rent, when filing an eviction case in court, and when increasing a tenant's rent by more than 5%. Learn more about landlord requirements here.

All tenants have the right to a safe and healthy home. If you have concerns about eviction, late rent, or repairs, contact our Tenant Helpline. If you live in a rent stabilized home, or are unsure if you do, visit our webpage on rent stabilization.

Learn more about Good Cause Eviction here.

Rent Increase Rules under Good Cause Eviction

The Good Cause Eviction law establishes a "local rent standard," which is the amount of rent increase considered reasonable in a given year based on inflation in the local area. The local rent standard is set every year at the rate of inflation plus 5%, with a maximum of 10% total. A rent increase is considered unreasonable under Good Cause Eviction if the rent increase is higher than the local rent standard.

Challengeable rent increases under this law are rent increases over the inflation rate (also known as the Consumer Price Index) plus 5% or rent increases of 10% – whichever is lower.

Learn more about unreasonable rent increases here.

"Good Cause" to Evict

If a unit is subject to Good Cause Eviction, as of August 18, 2024 landlords are required to inform tenants why they are not renewing their lease, with specific language to be included in the notice. Tenants covered by this law have the right to a renewal lease unless the landlord has a "good cause" to evict them. "Good cause" to evict under this law includes:

• Tenant has not paid rent, unless the nonpayment is because of an unreasonable rent increase (see "Rent Increase Rules for more information)
• Tenant has broken terms of their lease or other rules set by the landlord
• Tenant has committed or allowed a nuisance in the home or on the property (a nuisance is ongoing behavior that interferes with the health, safety, and comfort of other tenants), damaged the home or property, or interfered with the comfort and safety of the landlord or other tenants
• The home cannot be occupied because a vacate order has been issued by a state or city agency. If you or anyone you know is in need of emergency housing following a vacate order, please reach out to HPD by calling 311 or 212- 863-7660, or contact the Tenant Support Unit
• Tenant is using the home or property for illegal activity or is allowing someone else to do so
• Tenant has unreasonably refused the landlord access to the home to make repairs or to show a prospective buyer
• Landlord or landlord's family member plans to move into the home (not applicable if the home is occupied by a tenant who is 65+ years old or has a disability)*
  • Specifically, family members who are included under this reason are the landlord's spouse, domestic partner, child, stepchild, parent, step-parent, sibling, grandparent, grandchild, parent-in-law, or sibling-in-law
  • The home must be the primary residence of the landlord or family member, meaning the home where they live most of the time
• Landlord plans to demolish the home*
• Landlord plans to take the home off the market*
• Tenant fails to agree to reasonable changes to lease, if written notice is provided 30-90 days before the expiration of a current lease

*If a landlord is claiming one of these reasons for eviction, they must present "clear and compelling evidence" in court that shows the action they plan to take.

Good Cause Eviction Exemptions

There are many exemptions to coverage under Good Cause. This law does NOT apply to the following types of homes:

• Homes owned by a small landlord, meaning someone who owns 10 units or fewer (apartments or single-family homes) total in New York State
  • Some buildings are owned by a company, like an LLC, which can include multiple owners. In this case, each individual person who is an owner of the company must own 10 or fewer units total in the state for the company to be exempt from Good Cause Eviction. This includes all the units in any building where the individual is a full or partial owner.
  • If a landlord files an eviction against a tenant and claims Good Cause Eviction does not apply to them because they are a small landlord, the landlord must provide the tenant with a list of all of the homes they own in New York State. The landlord's "primary residence," the place where they live, is not included in the list.
• Buildings with 10 or fewer apartments total if the owner lives in the building, even if the owner owns more units
• If a tenant sublets their apartment and wants to return to live in the home
• If the home was provided to the tenant as part of their job, but the tenant is being terminated from or leaving that job
• Homes where rents and/or evictions are already regulated by federal, state, or local law (for example, apartments that are rent stabilized or rent controlled are governed by separate rent regulation laws)
• Homes that are regulated by federal, state, or local government entities and which include rent or income restrictions (for example, homes in NYCHA public housing, homes with Project-Based Section 8 Vouchers, or homes that were rented through HPD Housing Connect)
• Homes in condo and co-op buildings
• Homes built on or after January 1, 2009
  • For these homes, Good Cause Eviction will apply starting 30 years after the home was built, specifically 30 years after the date when the temporary or permanent certificate of occupancy was issued (for example, if a home was built in 2010, Good Cause Eviction will apply starting in 2040)
• Homes that qualify as seasonal use
• Homes in a hospital, continuing care retirement community, assisted living residence, adult care facility, senior residential community that is a condo or co-op, or nonprofit independent retirement community that offers certain services to residents
• Manufactured or mobile homes
• Hotel rooms
• Dormitories owned and operated by a higher education institution or a K-12 school
• Homes within and used by religious facilities or institutions
• Homes that cost above 245% of the local fair market rent.
  • Fair Market Rent is determined each year by the U.S. Department of Housing and Urban Development.

If you are at risk of eviction or have more questions, call 311 and ask for the "Tenant Helpline" to speak with a tenant specialist.

Court	Housing Court Address	Phone
Brooklyn ("Kings County")	141 Livingston Street Brooklyn, 11201	347-404-9201
Bronx	851 Grand Concourse Bronx 10451	718-618-2561
Manhattan ("New York County")	111 Centre Street New York, 10013	646-386-5500
Queens	89-17 Sutphin Boulevard Jamaica 11435	212-962-4795
Staten Island ("Richmond County")	927 Castleton Avenue Staten Island 10310	718-675-8452