End Rent Harassment: New York Civil Rights Litigation

What is rent harassment?

Rent harassment is a pattern of behavior by a landlord, property manager, or their agents intended to pressure tenants to move out, waive rights, or accept unlawful rent increases. Harassment can include threats, repeated late-night calls or visits, shutting off essential services, unnecessary construction or access demands, false eviction filings, discriminatory treatment, or retaliation for asserting legal rights.

Key legal protections in New York

• Anti-discrimination and anti-retaliation (statewide): The New York State Human Rights Law bars housing discrimination and retaliation for protected activity. See Executive Law § 296 (housing discrimination) and § 296(7) (retaliation) and the NYS Division of Human Rights guidance (DHR Fair Housing).
• Habitability and essential services (statewide): Landlords must provide safe, livable conditions and essential services under the Warranty of Habitability (N.Y. Real Property Law § 235-b). See the New York Courts overview (NY Courts: Warranty of Habitability).
• Protection from retaliation (statewide): Retaliation against tenants for lawful complaints or organizing is prohibited (N.Y. Real Property Law § 223-b).
• Additional protections in New York City: The NYC Housing Maintenance Code prohibits tenant harassment and allows enforcement in Housing Court; HPD also administers the Certificate of No Harassment (CONH) program that can affect building permits. See HPD’s resources on tenant harassment and CONH.
• NYC Human Rights Law: In NYC, Title 8 of the Administrative Code provides robust anti-discrimination and anti-harassment protections in housing and allows private lawsuits with potential attorneys’ fees to prevailing tenants. See NYC Human Rights Law (Title 8).

Recognizing common harassment tactics

• Cutting heat, hot water, or electricity
• Unnecessary or excessively disruptive construction
• Ignoring repairs to create unsafe conditions
• Threatening immigration-related actions or other intimidation
• Demanding access without reasonable notice or legitimate purpose
• Baseless eviction notices or serial, meritless filings
• Rent increases that violate rent-regulation rules
• Surveillance or intimidation in common areas
• Selective rule enforcement targeting protected groups
• Contacting tenants at odd hours to pressure a move-out

Civil rights litigation tools to stop harassment

Tenants can seek court orders to stop unlawful conduct, compel repairs, and restore services. In NYC Housing Court, HP proceedings are authorized to remedy housing code violations (see N.Y.C. Civil Court Act § 110). Depending on the facts, claims may be brought under the New York State Human Rights Law, the New York City Human Rights Law (for NYC residences), the NYC Housing Maintenance Code, and common-law or statutory claims tied to habitability and retaliation. In appropriate cases, tenants may pursue damages (e.g., rent abatements for breach of the warranty of habitability) and, where authorized by statute (such as the NYC Human Rights Law), attorneys’ fees to prevailing parties. Group or building-wide actions can effectively address systematic practices.

Evidence that strengthens your case

• Keep a timeline with dates and times of incidents
• Save texts, emails, letters, and notices
• Photograph or video service outages, leaks, mold, or construction conditions
• Store utility bills and receipts for temporary housing or repairs
• Obtain violation records and inspection results
• Gather witness statements from neighbors
• If discrimination or retaliation is involved, document the protected activity or characteristic and any statements suggesting unlawful motive

Reporting options and agency help

• Code enforcement / harassment (NYC): File with HPD for harassment or code violations (HPD: Tenant Harassment).
• Statewide discrimination complaints: File with the New York State Division of Human Rights (DHR). In NYC, you may also file with the NYC Commission on Human Rights (CCHR).
• Rent-regulated apartments: Harassment and service-reduction complaints may be filed with NYS Homes and Community Renewal (HCR: Tenants).

Agency findings, violations, or penalties can support civil litigation and settlement.

When to consider going to court

Court intervention may be appropriate when harassment is ongoing, dangerous, retaliatory, or when agency processes do not stop the conduct. Relief can include injunctions requiring the landlord to cease harassment, restore services, make repairs, provide access accommodations, and, where a statute authorizes it, payment of damages and attorneys’ fees. In NYC, an HP action in Housing Court can address building violations and service issues (see N.Y.C. Civil Court Act § 110). Coordinating agency complaints with court actions can preserve evidence and leverage enforcement tools.

Practical tips

Tenant action checklist

Steps to take now

• Write a dated log of every incident and keep all communications.
• Request repairs and access in writing and keep proof of delivery.
• Seek inspections from your local housing or buildings department to document violations.
• If discrimination or retaliation is suspected, consider filing with the NYS Division of Human Rights and, in NYC, the NYC Commission on Human Rights.
• Speak with an attorney experienced in tenant harassment and civil rights to evaluate your options and deadlines.

FAQ

Can my landlord shut off heat or hot water to make me move?

No. Cutting essential services violates the warranty of habitability and may constitute harassment. Courts can order restoration of services and award abatements.

Do I have to choose between filing with an agency and going to court?

Not necessarily. Agency complaints can proceed alongside or before court actions and often create evidence that supports litigation.

Can I recover attorneys’ fees?

Some statutes, such as the NYC Human Rights Law, authorize reasonable attorneys’ fees for prevailing tenants. Others, like the warranty of habitability, typically allow damages without fee-shifting.

What if the harassment targets a protected characteristic?

Discriminatory harassment may violate state and city human rights laws, which provide additional remedies, including potential damages and fees.

How our firm can help

We investigate quickly, secure evidence, file agency complaints where strategic, and pursue court orders to stop harassment and obtain compensation. We represent individual tenants and groups, including in buildings facing coordinated pressure tactics. If you are experiencing rent harassment anywhere in New York State, contact us to discuss a tailored strategy.

Sources

• New York State Division of Human Rights: Fair Housing Protections
• N.Y. Executive Law § 296 (Human Rights Law)
• New York State Unified Court System: Warranty of Habitability
• N.Y. Real Property Law § 235-b (Warranty of Habitability)
• N.Y. Real Property Law § 223-b (Retaliation)
• NYC Department of Housing Preservation & Development: Tenant Harassment
• HPD: Certificate of No Harassment (CONH)
• NYC Commission on Human Rights: New York City Human Rights Law (Title 8)
• N.Y.C. Civil Court Act § 110 (Housing Part; HP actions)
• New York State Homes and Community Renewal: Information for Tenants

Note on attorneys’ fees

Availability of attorneys’ fees depends on the specific statute and claim. For example, the NYC Human Rights Law authorizes reasonable attorneys’ fees to prevailing tenants in private housing discrimination actions; other claims (such as warranty of habitability) may provide damages without fee-shifting.

Talk to a New York tenant harassment attorney

If you are facing harassment or discrimination, get guidance tailored to your situation. Contact us for a confidential consultation.