Illegal Self-Help Evictions: New York Renter Protections

In New York, renters are protected from illegal self-help evictions—when a landlord tries to force a tenant out without a court order. Knowing your rights is key if you ever face threats to your housing. Below, we explain what actions are unlawful, what steps you can take, and where to get help.

What Is a Self-Help Eviction?

A self-help eviction occurs when a landlord tries to make a tenant leave without going through the legal eviction process in housing court. In New York State, this is strictly prohibited under New York State Real Property Actions and Proceedings Law Article 7 and Real Property Law Section 235.^[1][2]

Any attempt by a landlord to bypass the courts is illegal—even if the tenant owes rent or the lease has ended.

Examples of Illegal Self-Help Eviction Actions

New York law makes it illegal for landlords to:

• Remove your belongings from the unit
• Change, remove, or add locks without providing new keys immediately
• Shut off essential services like heat, water, or electricity
• Threaten or harass you to leave your home
• Block access to the property or your apartment

If your landlord tries to do any of these, they are violating the law, regardless of your rental status.

How Are Legal Evictions Handled in New York?

All evictions in New York must go through court. The New York City Housing Court (for NYC) and local city or district courts (outside NYC) handle these cases.

Landlords must serve the correct legal notices and file eviction paperwork before you can be removed. If a judge orders eviction, only a city marshal, sheriff, or constable can remove you—not the landlord directly.^[3]

What Should You Do If Faced With a Self-Help Eviction?

If your landlord locks you out or threatens you, you have the right to:

• Call the local police to report illegal eviction activity
• File an "Order to Show Cause to Restore to Possession" at your local housing court to regain entry
• Seek compensation for damages through the court
• Contact local tenant support agencies for advice

Official Form: Order to Show Cause to Restore to Possession

• Form name: Order to Show Cause to Restore to Possession (no standard statewide form number)
• Usage: Use this form if your landlord locks you out without a court order. It asks the court to let you re-enter your home right away.
• How to get and file: Request this form in person at your local Housing Court Clerk's office or online (NYC-specific guidance: NYC Housing Court lockout restoration info).

Bring any evidence you have (photos, text messages, copies of your keys) when you submit the form. The court may order your landlord to immediately restore your access.

Penalties for Landlords Who Attempt Self-Help Evictions

Landlords who violate the law can face:

• Fines and penalties under Real Property Actions and Proceedings Law § 853
• Responsibility for damages suffered by the renter
• Orders to allow the tenant back into the home

Judges can award up to three times the damages to renters who are unlawfully evicted.^[4]

How New York Legislation Protects Renters

Key state laws providing these protections include:

• Real Property Actions and Proceedings Law Article 7
• Real Property Law Section 235
• RPAPL § 853 – Obligation to restore tenant when ejected by force/violence

For more details, see the New York State Division of Housing and Community Renewal (DHCR), which provides information and oversight for tenants statewide.

FAQs: Illegal Self-Help Evictions for New York Renters

1. What should I do if my landlord changes my apartment locks without a court order?
   Call the police to document the incident and go to your local housing court as soon as possible to file an "Order to Show Cause to Restore to Possession." This will start the legal process to get back into your home.
2. Can my landlord legally shut off utilities to force me out?
   No. It is illegal for a landlord to shut off your heat, electricity, or water to pressure you to move out in New York. This is considered a self-help eviction and is prohibited by law.
3. If I left my belongings inside, can I still get them back after a lockout?
   Yes. You have the legal right to be restored to your home, and to recover your belongings, if you are locked out without a court order. The court can order your landlord to let you back in.
4. Who should I contact if I need urgent help with a lockout?
   Contact the local police for immediate assistance and visit the nearest housing court to file for restoration to possession. You can also seek guidance from the New York State Division of Housing and Community Renewal.
5. Where do I find official tenant protection information for New York?
   Visit the New York State DHCR Tenant Protection Unit or consult the NYC Housing Court resources on illegal lockouts.

Key Takeaways for Renters

• Landlords in New York cannot evict tenants without a court order; any lockout, utility shutoff, or threats to force you out are illegal.
• If you are subject to a self-help eviction, you have strong rights and should act quickly by contacting authorities and filing court forms.
• Always keep copies of key documents and records of your tenancy. Official tribunals like the New York Housing Court and DHCR are your resources for help.

Need Help? Resources for Renters

• New York City Housing Court (handles lockouts and eviction cases)
• New York State DHCR Tenant Protection Unit
• For lockouts outside NYC, visit your local district or city court
• Free tenant support: New York Attorney General – Tenants' Rights
• General tenant resources: NY HCR Renters Information

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1. [1] See Real Property Actions and Proceedings Law Article 7
2. [2] New York State Real Property Law Section 235
3. [3] NYC Housing Court - Eviction Procedures
4. [4] RPAPL § 853

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