Illegal Lockouts

All tenants have the legal right to remain in their home unless evicted by an NYC Marshal after going through the housing court process. Please help us spread the word today by:

• Posting on social media
• Downloading and distributing our flyers at your events
  

Background

It is illegal for someone to pressure or force you to leave your home.

• You have the right to stay in your home unless you receive an Eviction Order signed by a Judge and delivered by a Marshal or Sheriff.
  • If you receive a notice or paperwork and are unsure if it is an Eviction Order, call 311 and ask for the Tenant Helpline to get more information.
• Your landlord cannot evict you verbally or through letters or notices.
• A notice to appear in court does not mean you have to leave your home.
• You have the right to heat, hot water, and electricity. It is illegal for someone to shut off your utilities to try to get you to leave or as a punishment.

You are protected against a lockout

• 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/ 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 a free legal service provider. (If you are experiencing a legal eviction, the Tenant Helpline is also here to help you. Call 311 to be connected to free legal representation.)
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 via 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.

Remember, anything other than an official court order delivered by a Marshal or Sheriff is not a legal eviction. You have the right to stay in your home.

Social Media Posts

Please note that more languages are to come and we are making every effort to translate these materials as quickly as possible!

Suggested Posting Text

1. 📣 It is illegal for someone to pressure or force you to leave your home. Do not self-evict! Call 311 and ask for the Tenant Helpline to learn more about your rights.


2. NYC: Did you know that you are protected against lockouts?
   Lockouts are ALWAYS illegal. Call 911 if you experience a lockout and call 311 and ask for the Tenant Helpline to learn more about your rights.


3. No matter your immigration status, it is illegal for someone to pressure or force you to leave your home without going through a formal court process. Call 311 and ask for the Tenant Helpline to learn more about your rights.


4. Even if you did not sign a lease, you are protected against a lockout if you have lived in the same place for 30 days. Call 311 and ask for the Tenant Helpline to get free legal advice if you've been illegally locked out.

Flyer