Fight Unfair Evictions: NYC Landlord-Tenant Legal Help

Last reviewed: August 19, 2025

Who We Help

We represent NYC tenants and small landlords in nonpayment and holdover proceedings, rent overcharge and regulation issues, warranty of habitability claims, illegal lockouts, and harassment matters. Whether you received a rent demand, a notice to cure, or court papers, early advice can change the outcome.

Understanding NYC Evictions

Most residential eviction cases proceed in NYC Housing Court as either nonpayment (alleged unpaid rent) or holdover (alleged lease violations or the landlord seeks possession). A landlord generally must serve proper written notices, obtain a court judgment, and secure a warrant of eviction before a city marshal or sheriff can lawfully remove a tenant (see NYC Housing Court: Evictions; CourtHelp: Evictions).

Self-help evictions—such as changing locks or shutting off utilities to force a tenant out—are unlawful in residential dwellings and can lead to penalties (see RPL § 768; CourtHelp). Limited exceptions or special procedures may apply in certain case types; get legal advice for your situation.

Your Rights at a Glance

• You are generally entitled to notice and a court hearing before eviction (see NYC Housing Court).
• You can raise defenses such as improper service, defective notices, rent overcharge/registration issues for regulated units, and breach of the warranty of habitability for serious conditions (see CourtHelp; RPL § 235-b).
• Income-eligible tenants may qualify for free legal representation under NYC’s Right to Counsel program, subject to eligibility and provider capacity (see HRA: Legal Services for Tenants).
• If you are illegally locked out or lose essential services, you can seek emergency relief in Housing Court (see CourtHelp).

Common Defenses and Strategies

• Procedural defects: Incorrect or missing predicate notices, improper service, or an inaccurate rent demand (see NYC Housing Court).
• Payment and accounting disputes: Rent paid but not credited, misapplied payments, or non-collectible fees (see CourtHelp).
• Conditions and repairs: Abatement or defenses based on serious housing code violations and lack of essential services (see HPD: Tenants’ Rights; RPL § 235-b).
• Rent regulation issues: Preferential rent, unlawful increases, and registration problems (see CourtHelp).
• Reasonable accommodations: Requests related to disability under federal, state, or local law.
• Negotiated outcomes: Stipulations setting payment schedules, repair timelines, or move-out dates with safeguards.

What to Expect in Housing Court

Eviction cases begin with filings and service of papers. If served, you must respond and appear as directed by the court. Early appearances often involve settlement conferences. If no settlement is reached, the case may proceed to motion practice and trial before a judge. If a judgment is entered, a warrant may issue; enforcement involves additional steps and further opportunities to seek relief (see NYC Housing Court).

Right to Counsel in NYC Housing Court

New York City’s Right to Counsel (Universal Access) law provides free legal representation to income-eligible tenants facing eviction, subject to eligibility, case type, and provider capacity. Intake is coordinated through HRA and legal services providers (see HRA: Legal Services for Tenants).

Emergency Situations: Illegal Lockouts and Utility Shutoffs

If you are locked out without a court order or essential services are cut off to force you out, you can file for emergency relief in Housing Court to be restored to possession and services. Lockouts and service shutoffs intended to evict are unlawful (see CourtHelp; RPL § 768; HPD: Tenants’ Rights).

For Small Landlords

We counsel small property owners on compliant notices, proper service, and court procedures, and on resolving cases without displacement when possible. We also advise on repairs, reasonable accommodations, and rent regulation compliance to reduce litigation risk.

How We Can Help

• Rapid case assessment after service of papers
• Motions to dismiss defective cases
• Negotiation of payment plans and repairs
• Trial representation
• Emergency orders for illegal lockouts or service restorations
• Coordination with rental assistance and social services

FAQ

Can my landlord change the locks without going to court?

No. Self-help lockouts are unlawful in residential dwellings. Seek immediate relief in Housing Court and call the police if necessary. See RPL § 768.

What if I already paid some or all of the rent?

Bring proof. Payment disputes and improper accounting are common defenses and can reduce or defeat claims.

Do I qualify for free legal help?

Many NYC tenants qualify under the Right to Counsel program based on income and case type, subject to provider capacity. Start with HRA’s intake.

Will I be evicted immediately if a judgment is entered?

Not usually. A warrant and notice of eviction are required, and there may be opportunities to seek stays or negotiate terms.

Get Help Now

If you received a rent demand, notice to cure, notice of termination, or a court petition, contact us immediately. Deadlines vary and prompt action preserves defenses. Request a consultation today.

Sources

• New York State Unified Court System – NYC Housing Court: Evictions
• New York State Unified Court System – CourtHelp: Evictions
• NYC Human Resources Administration – Legal Services for Tenants (Right to Counsel)
• NYC Department of Housing Preservation and Development – Tenants’ Rights
• New York Real Property Law § 235-b – Warranty of Habitability
• New York Real Property Law § 768 – Unlawful Evictions

Disclaimer (New York): This blog provides general information about New York law and does not constitute legal advice. Reading it does not create an attorney-client relationship. Laws and procedures change, and deadlines vary by case. Consult a lawyer about your specific situation.