Landlords: Read everything. Tenants: Skip to Section 3 unless you want some laughs.

Here's the first thing you have to understand about housing laws in New York City: the moment a tenant (or any lawful occupant) lawfully occupies an apartment for 30 consecutive days, they are shielded by a legal forcefield. It doesn't matter if their lease expired, or it was just a verbal agreement. They are a "lawful occupant," and the law is fiercely protective of their right to stay in their home until a judge says otherwise.

⚠️ The Only Legal Way to Evict

The only legal way for a landlord to evict a tenant in this city is by getting a "warrant of eviction" from a Housing Court Judge and having that warrant executed by a City Marshal or Sheriff. Full stop.

Any attempt to bypass that system—including changing the locks, shutting off the heat, removing their stuff from the apartment, or engaging in a pattern of harassment and threats intended to make them leave—is called a "self-help" eviction. It's not just physical acts, either. The law also prohibits any "course of conduct" intended to disturb the tenant's peace and quiet to make them leave.

Normal people call that an illegal lockout, but judges call it a crime.

The Real Cost of Hiring a Locksmith

Landlords taking the law into their own hands transforms them from creditor to criminal. The consequences are deliberately severe.

⚖️ Penalties for Illegal Lockout in NYC

Criminal Charges: An illegal lockout is a Class A Misdemeanor under state law (RPAPL § 768). Criminal liability extends to any person who "assists in the violation"—so that superintendent, friend, or grandma that helps is facing the same charge. A conviction carries up to one year in jail and leaves the landlord with a permanent criminal record.

Massive Civil Fines: For every distinct violation, the landlord faces a civil penalty of $1,000 to $10,000. The law "stacks" these violations. Changing the lock is one violation. Shutting off the heat is a second. Removing their belongings is a third. That's potentially $30,000 in fines right there. On top of that, a court can add a penalty of up to $100 per day until the landlord lets the tenant back in.

Treble Damages: After the tenant is back in their apartment, they can file a separate lawsuit against the landlord for money. Under RPAPL § 853, tenants can sue in Civil or Supreme Court for treble damages—that's three times the tenant's proven financial losses. Hotel bills, damaged property, lost wages, and more—all multiplied by three.

Tenants: How to Get Back In

When a tenant realizes they've been locked out, here are the steps:

  1. Call 911
  2. Tell the police that the landlord committed a Class A Misdemeanor under RPAPL Section 768 and show them proof of residency (like mail or an ID). Officially, the NYPD's role is to protect the rights of a person who has been unlawfully evicted and restore them to their home. However, the on-the-ground police response can be inconsistent.
  3. Go to Brooklyn Housing Court and file an emergency "Order to Show Cause" to be restored to possession. This legal action is specifically designed for emergency situations like lockouts, and a judge will hear the case very quickly—often within one or two days. A Housing Court judge will almost certainly issue an order forcing the landlord to provide a new key.

What Legal Evictions Actually Look Like

  1. You serve the proper legal notice (a 14-day rent demand, for instance).
  2. If they don't pay, you file an eviction case in Housing Court.
  3. You present your evidence to a judge.
  4. If you win your case, get your warrant, and let the Marshal do the one job that the law gives them to do.

💡 Key Point for Tenants

If you aren't served the document by a process server then it's not a real eviction—it's just the landlord trying to trick you into leaving.

💡 Key Point for Landlords

It's a grind, I get it. But the process is set up this way to protect tenants against evil landlords. Not you, of course—you're one of the good ones.