How New York Renters Can Challenge Illegal Evictions

If you’re renting in New York and suspect your landlord is trying to remove you from your home without following proper legal steps, it’s important to know your rights and the correct process. Illegal evictions are strictly prohibited by New York laws, and renters have multiple ways to fight back, protect their homes, and seek remedies. This guide will help you understand what qualifies as an illegal eviction, outline steps you can take, and point you toward official channels and forms to help you stay housed.

Understanding Illegal Eviction in New York

In New York, a landlord must follow specific legal procedures before evicting a tenant. This means giving proper written notice, filing a court case, and obtaining a court order for eviction. Attempting to remove a tenant without going through the court process—such as locking you out, shutting off utilities, or removing your possessions—is considered an illegal eviction, sometimes called a "self-help eviction."

• Changing the locks or removing doors or windows without a court order
• Shutting off heat, water, or electricity to force you out
• Physically removing your belongings
• Threatening or harassing you to leave

These actions are prohibited by the New York State Real Property Actions and Proceedings Law (RPAPL) and related statutes¹.

What Rights Do Renters Have Against Illegal Eviction?

As a renter in New York, you cannot be evicted without a court order. If your landlord attempts to force you out using illegal methods, you are entitled to immediate protection, potential damages, and the rapid restoration of your home.

• The right to remain in your rental until a formal eviction is ordered by Housing Court
• The right to emergency relief if you are illegally locked out
• The right to seek damages and report the landlord to authorities

Steps to Take If You Experience an Illegal Eviction

If you believe you’re facing an illegal eviction in New York, take these critical steps:

• Document everything: Take photos of locks, doors, notices, or damage. Save texts, emails, and voicemails as evidence.
• Call 911 if you are currently being locked out or threatened. Request immediate police assistance.
• Request the police provide you with an incident or complaint report.
• File an emergency petition in Housing Court to be restored to possession and for damages.
• If utilities are shut off, report this to local authorities immediately, since it is illegal to use utility shutoffs as a way to evict tenants.

Key Official Forms for Challenging an Illegal Eviction

• Order to Show Cause to Restore to Possession (Emergency Restoration Petition)
  When to use: If you are illegally locked out (for example, the landlord changes the locks or bars entry), use this petition to ask the court to restore you to your home as quickly as possible.
  How it works: Take the completed form and any evidence to your local Housing Court clerk's office (or file online in some counties). The court can often provide a same-day hearing.
  Official instructions for an Order to Show Cause
• HP Proceeding (Housing Part Petition)
  When to use: If your landlord is shutting off essential services like heat, water, or electricity to force you out, file this petition for the court to order repairs or restore services.
  How it works: Submit the HP Petition form at your local Housing Court. Bring documentation of the denied services.
  Download the official HP Petition form (PDF)

Most counties in New York use the Housing Court system. You can find details for your county on the official New York State Unified Court System website.

Which Tribunal Handles Evictions in New York?

Residential eviction cases in New York are handled by the New York City Housing Court (for NYC residents) or the Housing Part of the Civil Court (outside NYC). For all of New York State, housing matters go through the Housing Court system.²

Always check your local court's website or clerk's office for specifics regarding submitting forms, emergency filings, and hours of operation.

What Legal Protections Apply?

Your primary protections come from the New York Real Property Actions and Proceedings Law and the New York State Tenants’ Rights Guide. In many cases, additional local laws apply—especially in New York City and larger cities.

Never try to "move back in" by force if you’re locked out. Instead, use official Housing Court petitions for safety and legal protection.

FAQ: Common Questions About Illegal Evictions in New York

1. What is considered an illegal eviction in New York?
   It is illegal for a landlord to remove a tenant or their belongings, or to change the locks, without a court-issued eviction order.
2. Can police help me if I am locked out?
   Yes. In many parts of New York, police can intervene to help return you to your home or ensure the landlord stops unlawful actions, especially if you have a lease or mail to prove residency.
3. What should I do right away if my landlord locks me out?
   Call 911, document what happened, and file for an Order to Show Cause in Housing Court to restore possession.
4. Where can I file an emergency petition for illegal lockout?
   File at your local Housing Court. For New York City, go to the nearest Housing Court location listed on the official court website.
5. Am I entitled to damages if I am illegally evicted?
   Yes, renters may be entitled to compensation, including money for lost property or emotional distress, after showing proof in court.
   

Conclusion: Key Takeaways for Renters

• Landlords in New York cannot evict tenants without a court process—lockouts, utility shutoffs, or harassment are illegal.
• If you are locked out or face an illegal eviction, act quickly: contact the police and use the Housing Court’s emergency forms.
• Official resources and courts are available to help restore your possession and protect your rights under state law.

Need Help? Resources for Renters

• New York City Housing Court – Emergency filings and lockout information
• New York State Homes and Community Renewal (HCR) – Tenant Rights Guide
• NYC Department of Housing Preservation & Development: Eviction Prevention Resources
• Office of the New York State Attorney General – Tenant Helpline

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1. See New York State Real Property Actions & Proceedings Law § 711 et seq. (Illegal Eviction Protections)
2. Find your local court at the New York State Unified Court System website.

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