Unlawful Evictions

If you have lived anywhere in NYC for more than 30 consecutive days and the landlord wants you to leave, in other words evict you, the landlord must bring you to Housing Court. There is a procedure that must be followed to legally evict you.

The landlord cannot change the locks, turn off the heat and/or hot water, or remove your belongings from your apartment or your room.  Those actions constitute an unlawful eviction.  If that happens to you, call 911 and say that you have been unlawfully evicted. The police will come and can arrest the landlord, owner, or agent of the owner. If you can provide evidence that you live in the apartment or room they will assist you to get back in. A piece of advice, keep several pieces of mail addressed to you at that location with you at all times as proof that you live there.

Regardless of Immigration Status, or the fact that you don’t have any lease or a valid lease, tenants are protected and cannot be evicted without first being taken to Housing Court. Evictions must go through a formal court process. Only a City Marshall or Sheriff has the authority to carry out a Warrant of Eviction and only a judge can issue a Warrant of Eviction.

If you have any questions please call Central Astoria LDC at 718-204-1056. We are here to help.