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Self help and Unlawful Eviction (NYC)
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If you have legally occupied an apartment for at least thirty (30) days, whether you have a lease or not, you cannot be evicted without a court order awarding a judgment of possession and warrant of eviction against you.
Landlords and owners, beware this is a violation of the "illegal eviction law" (NYC Admin. Code sec. 26-521), and is a misdemeanor.
This means a landlord cannot:
1. Use force or the threat of force or harm induce the occupant to leave;
2. Shut off essential services such as heat, electricity, water, etc., to induce the occupant to leave;
3. Remove the occupants possessions, remove the door to the apartment, change the locks or render them inoperable.
If you are a tenant and this happens, you should call the police. If the police cannot help you, we can start a proceeding in Housing Court for you to be "restored to possession."
If you are a landlord or owner, you must obtain a court order awarding a judgment of possession and warrant of eviction to remove the occupant.
There is more to come on this subject. I will post the laws in Nassau County next.
Landlords and owners, beware this is a violation of the "illegal eviction law" (NYC Admin. Code sec. 26-521), and is a misdemeanor.
This means a landlord cannot:
1. Use force or the threat of force or harm induce the occupant to leave;
2. Shut off essential services such as heat, electricity, water, etc., to induce the occupant to leave;
3. Remove the occupants possessions, remove the door to the apartment, change the locks or render them inoperable.
If you are a tenant and this happens, you should call the police. If the police cannot help you, we can start a proceeding in Housing Court for you to be "restored to possession."
If you are a landlord or owner, you must obtain a court order awarding a judgment of possession and warrant of eviction to remove the occupant.
There is more to come on this subject. I will post the laws in Nassau County next.
Tags: court, disposess, eviction, housing, landlord, lock, out, proceeding, tenant
Replies to This Discussion
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Permalink Reply by Cecil Addison on -
This reminds me of the movie "Pacific Heights"
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Permalink Reply by Perfect Quarters, Inc. on -
What happens when a landlord has gain legal access to evict a squatter and the hire the US Marshall to remove the squatters and the squatters are still there while the US Marshall records show that the squatter has been remove. What is the recourse the landlord can take?
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Permalink Reply by Felicia Pinto on -
I would recommend calling the marshalls back. Don't take matters into your own hands. Try to get some proof they are still there in case you need it.
Perfect Quarters, Inc. said:What happens when a landlord has gain legal access to evict a squatter and the hire the US Marshall to remove the squatters and the squatters are still there while the US Marshall records show that the squatter has been remove. What is the recourse the landlord can take? -
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Permalink Reply by Felicia Pinto on
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Diana: yes, the laws are similar in Nassau and Suffolk. The landlord has to go to court to evict the tenants. If the Landlord does do any of the above referenced acts, the tenant may be able to recover three times the amount of damages he incurred as a result of the landlords illegal actions.
Diana said:Are the laws similar in Nassau and Suffolk counties? -
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Permalink Reply by Kathleen A. Scanlon on -
This is part of a FAQ posted at the NYC HPD Website with regard to lock-outs:
My landlord has changed the locks on my apartment. Is the landlord allowed to change my locks?
Changing the locks on an resident's apartment without giving the resident a key would be a violation of the Unlawful Eviction Law (NYC Administrative Code §26-521) if:
1. The resident is:
* A tenant or subtenant with a lease,
* An occupant who has lawfully lived in the apartment for more than thirty days (with or without the lease),
* A subtenant, roommate or relative who has lived in the apartment for at least thirty days (even if the person is not on the lease and has not made any direct payments to the landlord),
* A resident of a rent stabilized hotel room who has made a request for a lease; and
2. The landlord does not have a warrant of eviction.
What can I do?
You can go to the nearest police station and report that you have been illegally locked out. You can also go to the Housing Court and start an "illegal lock out case" (Real Property Actions Proceedings Law §853). Before going to the court, you should contact Legal Aid or Legal Services to see if you qualify for free legal representation. If you are not eligible, you may want to contact a private attorney to assist you in starting the case. Even if you do not have an attorney, you can still go to Housing Court and speak to the Clerk about starting an illegal lock out case proceeding. When you go to Court, you should bring any papers or other items that you have which show that you are a resident of your apartment/building.
If you believe or suspect that you will be locked out of your apartment, you should be prepared with the necessary documentation to establish that you are the lawful occupant of the apartment. Therefore, you may want to leave copies of whatever papers you have which establish your occupancy with a friend or relative who does not live in the apartment. You also should take the documents with you whenever you leave your apartment so that you can establish to the Police Department and/or the Court that you are the lawful occupant. Documents that will be useful include, but are not limited to:
1. A lease,
2. Rent receipts,
3. Utility bills or other bills directed to you with respect to your apartment (telephone, cable, etc.),
4. Mail addressed to you or documents issued to you at your apartment (letters, voter registration card, driver's license, etc.),
5. Any documentation of previous harassment by or conflict with the landlord. -
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This Web Site provides general information only and cannot be relied upon as legal advice. Laws change over time and differ from State to State. Applicability of the legal principles discussed may differ substantially
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in individual situations. You should consult an attorney about your particular situation. New York does not certify specialists in the law,
and we do not claim certification in any listed areas.
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