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Questions on Tenants’ Rights:

Evicting Proceedings

What are the legal steps in evicting a tenant?

A tenant can be legally evicted only after the landlord has brought a court proceeding and has obtained a judgment of possession, and only a sheriff, marshal or constable can carry out a court ordered warrant to evict a tenant. Landlords may not take the law into their own hands and evict a tenant by use of force or unlawful means.  

What assistance is available to seniors who are at risk of evicting?

Seniors who have received a Notice of Eviction or a written notice from their landlord can get eviction prevention assistance and legal referrals. The City also provides eviction assistance for persons over the age of 60 who are mentally or physically impaired. For help, call 311.

Leases

True or False:

Can landlords change the lease when it is still in effect?

No, your landlord cannot change the lease while it is still in effect, unless you and your landlord agree to it

Can leases on un-stabilized apartments be oral and written?

Yes, un-stabilized apartments can have oral of written leases, but it is highly suggested to have written leases to avoid disputes between the tenant and landlord.

Personal Tenant Rights

What rights are given to tenants that organize?

Landlords cannot prevent tenants from organizing or join tenant organizations to protect their rights. Landlords must permit tenant organizations to meet, at no cost, in any community or social room in the building, even if the use of the room is normally subject to a fee. Tenants should have meetings at reasonable hours that do not block the entrance in the premise.  

True or False

Are landlords required to create reasonable accommodations for their disabled tenant? 

Yes, landlords are required to make reasonable accommodations to disabled tenants. Example: permitting a tenant who is blind or has a psychological disability to have a guide dog or a companion animal, despite a building’s “no pets” policy.

Tenant Resources:

Fight Eviction or Tenant Harassment

• Know Your Rights as a Renter- Learn what your entitled to as a tenant, including what your landlord must do and cannot do

https://www1.nyc.gov/site/hpd/renters/tenants-rights-faqs.page 

• Legal Help for Housing Issues- Learn who to contact if you need legal help with issues like discrimination, eviction or rent increases
  • In the courtroom-legal services are available everyday in the Housing Court courtrooms where these cases are heard
  • In the courthouse- at OCJ offices in the Housing Court
  • In the community- at nonprofit community legal offices across the city 
  • Tenant Support Unit- nyc.gov/TenantSupportUnit
  • Via Email- civiljustice@hra.nyc.gov
  • Calling Tenant Protection Hotline at 917-661-4505 (M-F, 10:00am-4:00pm)

https://www1.nyc.gov/site/buildings/renter/tenant-resources.page

Report Housing Complaints

• Report Housing Discrimination- Report housing discrimination based on age, citizenship, race, religion, disability, gender expression, occupation, sexual orientation and/or other personal characteristics
• Report Landlord Harassment- If you’re being harassed by your landlord, get information and see who to contact for help
• Report an illegal lockout or eviction- Only a city Marshal or Sheriff can carry out an eviction. Report a landlord illegally locking you out or issuing an eviction
• Report an Unsafe Housing Condition- File a complaint about an unsafe housing condition like lead paint or lack of heat, hot water or window bars
• Report a maintenance issue- Anonymously report an issue impacting your unit or building like mold, bed bugs or broken lights