Here is a breakdown of renter’s rights against illegal eviction in NYC

NEW YORK CITY (PIX11) — Renting in New York City comes with specific challenges, such as finding affordable housing and navigating the eviction process.

Fortunately, several laws are in place to protect New York City tenants from being unlawfully evicted from their apartments. 

What is an eviction?

An eviction is a court process that a landlord must start to oust a tenant from a rented room, apartment, or house. The eviction case begins when the landlord serves the tenant with a notice of petition.

The notice of petition has the time, date, and place of the court hearing and describes why a landlord wants to evict a tenant. Tenants must be served both papers at least 10 days before the court date.

A landlord cannot evict a tenant unless the landlord serves the tenant court papers.

What is an illegal eviction?

New York City landlords can face misdemeanor charges if they illegally evict a tenant by changing the locks, padlocking the doors, removing the tenant’s furniture or property, removing the front door, turning off the electricity or water, or anything else that would bar the tenant from their residence, according to Real Property Actions and Proceedings Law § 768.

There are two cases in which a landlord has grounds to lawfully evict a tenant. These instances are referred to as holdover cases or nonpayment cases.

Nonpayment eviction case

A nonpayment case is started once a tenant stops paying rent. First, the landlord must ask for rent either verbally or in a written notice. The rent demand will detail the number of months and the total amount owed.

Tenants should double-check their lease to ensure that their landlord can make an oral or written demand; some leases say landlords can only make a written demand. 

The rent demand must be sent to the tenant at least three days before a nonpayment case proceeding can be filed. Depending on the terms listed in the rental lease, some tenants may have more than three days’ notice.

The landlord must serve the written rental demand by personal delivery. If the landlord doesn’t serve the papers the right way, the case could be dismissed by a judge but refiled at a later point. The judge can also force the landlord to start the whole nonpayment case filing over.

Holdover eviction case

In a holdover case, a landlord must first provide a notice of termination that tells a tenant the reason they are being evicted, the date they must move by, and that the landlord will start a court case if the tenant doesn't move by the deadline.

A landlord will give a notice to quit if the tenant doesn't have a right to stay in the apartment. In this situation, the tenant is referred to as a "squatter" or "licensee." In New York, it only takes 30 days to gain squatter rights, according to Real Property Actions and Proceedings Law §711.

A landlord can evict a tenant if they violate their lease or commit a "nuisance," according to the New York City Department of Housing Preservation and Development. A "nuisance" is defined as "persistent and egregious conduct that threatens the health, safety or comfort of neighboring tenants."

Landlords can also start a holdover proceeding in other situations, such as an illegal sublet, non-primary residence, illegal uses, or the expiration of a lease where no renewal is mandated.

New York City provides free legal assistance to residents facing eviction, regardless of immigration status.