New York Tenant Rights: Domestic Violence Protections

If you are a renter in New York and have experienced domestic violence, there are state laws designed to protect your housing, increase your safety, and prevent unfair treatment. Understanding these protections can help you exercise your rights and take practical steps when you need them most.

Legal Protections for Tenants Facing Domestic Violence in New York

New York state law acknowledges the serious impact of domestic violence. As a tenant, you have specific rights related to security, emergency lock changes, and ending a lease early. These rights are grounded in the New York Real Property Law § 227-c and the New York Civil Practice Law & Rules ^[1][2]. The New York State Division of Housing and Community Renewal (NY DHCR) oversees tenant protections in rental housing.

Emergency Lock Changes

If you are a victim of domestic violence in New York, you have the right to request an immediate lock change for your rental unit. Your landlord must comply if you provide them with the proper documentation.

• A copy of a valid order of protection
• A written request for the lock change

Once you provide the order of protection and your request, the landlord must change your locks within 24 hours, or, if you change the locks yourself, you must give the new key to your landlord, unless they are named in the order of protection.

Ending Your Lease Early for Safety

You may also be able to end your lease early without penalty if staying would put you or your children at risk. To do this, serve your landlord with written notice and legal documentation demonstrating the risk due to domestic violence, such as an order of protection.

• Notice must be provided at least 30 days before you intend to vacate.
• The landlord cannot penalize you for leaving early due to proven domestic violence.

Protection from Discrimination and Eviction

Under New York law, landlords cannot refuse to rent to or evict tenants solely for being victims of domestic violence. You are also protected from retaliation if you assert these rights.

Official Forms and How To Use Them

• Order of Protection (O/P):
  • Form: Family Court Order of Protection (no specific statewide form number, petition initiated via NY Courts official portal).
  • Use: Secure this legal document from Family Court or Criminal Court if you are facing threats or abuse. Provide a copy to your landlord to request lock changes or as documentation for early lease termination.
  • Example: "After receiving an order of protection against a former partner, you give your landlord a copy and request a lock change for your apartment door. The landlord must comply within 24 hours unless named in the order."
• Notice of Lease Termination Due to Domestic Violence:
  • Form: No standardized statewide form, but a written notice with supporting documentation (order of protection, police report, or court documentation) is required. Use samples from the NY DHCR Renter Protections page.
  • Use: Submit written notice to your landlord at least 30 days before moving out, including your intention and supporting documents.
  • Example: "You deliver a 30-day notice letter to your landlord, stating your intent to end the lease early due to ongoing safety concerns, accompanied by a copy of your family court order of protection."

Steps to Assert Your Rights

It's important to take timely and clear actions to safeguard your security as a tenant in New York. Follow these general steps if you need a lock change or to end your lease because of domestic violence:

• Obtain an order of protection from Family or Criminal Court, if you do not have one already.
• Write a written request to your landlord for your desired action (lock change or lease termination).
• Attach your order of protection or supporting documentation to your request.
• Deliver the documents directly to your landlord (keep a copy for your records).
• If the landlord does not comply, contact the Tenant Protection Unit at NY DHCR or your local housing court immediately for assistance.

FAQ: New York Domestic Violence Tenant Protections

1. Can my landlord evict me for reporting domestic violence?
   No, it is illegal for a landlord to evict or refuse to renew your lease because you are a victim of domestic violence.
2. What if my landlord refuses to change my locks?
   If you provide a valid order of protection and a written request, your landlord must comply. If not, you can make the change yourself (and provide a key unless the landlord is named in the order), or seek help from your local housing court or the NY DHCR.
3. What proof do I need to end my lease early?
   You generally need to provide your landlord with a written 30-day notice and documentation such as an order of protection, police report, or court document showing risk of domestic violence.
4. Where can I get an order of protection?
   An order of protection can be requested through Family Court or Criminal Court in New York. Find instructions and forms on the official NY Courts guide.
5. Does New York provide additional renter support for domestic violence survivors?
   Yes, there are hotlines, legal aid, and advocacy programs available. See below for resources.

Need Help? Resources for Renters

• NY Division of Housing and Community Renewal – Tenant Protection Unit
• New York Courts: Order of Protection and Help for Victims
• Office for the Prevention of Domestic Violence: Help for Survivors
• NYC tenants may also contact NYC Department of Housing Preservation & Development

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1. New York Real Property Law § 227-c: Early Termination by Victims of Domestic Violence
2. New York Civil Practice Law & Rules: Orders of Protection and Housing
3. New York State Division of Housing and Community Renewal
4. NY DHCR Renter Protections

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