The Rights of Tenants Facing Eviction in New York

Introduction

Facing eviction is one of the most stressful experiences a New Yorker can go through. However, in New York, tenants have specific rights and protections under the law to prevent wrongful evictions and ensure a fair legal process. Whether you are a tenant who has received an eviction notice or a landlord navigating the eviction process, understanding these rights is essential.

In this blog, we will break down the eviction process in New York, tenants' rights during eviction, and what steps tenants can take to protect themselves.

Understanding the Eviction Process in New York

What is an Eviction?

Eviction is the legal process through which a landlord removes a tenant from a rental property. In New York, landlords cannot evict tenants without following specific legal steps.

Reasons for Eviction

Common legal reasons for eviction include:

1. Non-Payment of Rent: The tenant has not paid rent on time.

2. Lease Violations: The tenant has broken a substantial term of the lease agreement.

3. Nuisance Behavior: The tenant is causing harm or disturbances to other tenants.

Types of Eviction Notices

• 14-Day Notice: For non-payment of rent.

• 10-Day Notice to Cure: For lease violations, giving tenants time to fix the issue.

• 30, 60 or 90 -Day Notice: For tenants who are on a month-to-month lease.

Landlords must serve these notices properly before beginning the eviction process.

The Eviction Process Step-by-Step

1. Notice Served: The landlord serves the appropriate eviction notice based on the reason for eviction.

2. Court Filing: If the issue is not resolved, the landlord files a petition with the housing court.

3. Court Hearing: After the tenant answers the petition/lawsuit, they receive a court date and can appear to present their case.

4. Judgment: The judge makes a decision based on evidence presented by both sides.Either the case is dismissed by the judge, ending the process; or

5. Warrant of Eviction: If the court rules in favor of the landlord, a warrant of eviction is issued.

6. Marshal’s Notice: The tenant receives a 14-day notice from a city marshal before they can be physically evicted.

7. Order To Show Cause: If the Tenant needs additional time to vacate or pay, they can submit a request to the Court and receive more time upon a showing of good cause.

Tenants' Rights During Eviction

1. The Right to Proper Notice

• Tenants must receive the correct type of notice based on the reason for eviction.

• Improper or incomplete notices can invalidate the eviction.

2. The Right to a Court Hearing

• Tenants have the right to a hearing in housing court.

• You can present evidence, call witnesses, and explain your side of the story.

3. The Right to Legal Representation

• Tenants in New York City have the right to a free lawyer in eviction cases if they qualify based on income.

• Legal aid services are available to assist tenants with their defense.

4. The Right to Cure

• In cases of lease violations or non-payment, tenants have the right to "cure" the issue:

  • Non-Payment: Pay the rent owed at any time before the actual date of physical eviction from the property to stop the eviction.

  • Lease Violations: Correct the violation within the time frame given in the notice.

5. Protection from Retaliation

• Landlords cannot evict tenants in retaliation for:

  • Reporting housing violations.

  • Joining a tenants' association.

  • Filing a complaint with a city agency.

6. Protection from Illegal Evictions

• Landlords cannot:

  • Change the locks.

  • Shut off utilities

  • Remove a tenant’s belongings without a court order

  • Harass the tenants

These actions are illegal, and tenants can file a complaint with the police or housing court.

What Tenants Should Do if Facing Eviction

1. Review the Eviction Notice Carefully

• Check for errors in dates, amounts owed, or reasons listed.

• Improper notices can be challenged in court.

2. Seek Legal Assistance

• Contact legal aid organizations such as:

  • Legal Aid Society

  • NYC Housing Court Answers

  • New York Legal Assistance Group (NYLAG)

• If a tenant does not qualify then tenants are still strongly advised to contact an experienced housing attorney to aid them in the process.

3. Respond to Court Summons

• Always appear in court on your scheduled date, unless advised by your attorney. .

• Failure to appear can result in a default judgment against you.

4. Document Everything

• Keep records of:

  • Rent payments.

  • Communication with your landlord.

  • Repair requests and receipts.

  • Your lease

5. Explore Payment Plans

• If facing eviction for non-payment, some landlords may agree to a payment plan.

• Court settlements can also include payment arrangements to prevent eviction.

Frequently Asked Questions (FAQs)

1. How much notice must a landlord give before eviction?

• For non-payment of rent: 14 days.

• For lease violations: 10 days to correct the issue.

• For month-to-month tenants: 30, 60 or 90 days depending on how long the tenant has resided in the subject property. .

2. Can I be evicted if I pay the rent I owe?

• No. If you pay all rent owed before the court hearing, the eviction case for non-payment will be dismissed.

3. What should I do if my landlord locks me out illegally?

• Call the police and file a complaint immediately.

• You can also file an "illegal lockout" case in housing court.

4. Where can I get free legal help for eviction?

• Legal Aid Society and NYC’s Right to Counsel program offer free legal services to qualifying tenants.

Final Thoughts

Eviction can be daunting, but knowing your rights can help protect you and ensure a fair process. If you are facing eviction, act quickly, seek legal help, and make use of available resources.

Need Legal Assistance?

If you need help navigating an eviction, contact our law firm for personalized legal advice. For a detailed PDF guide on your rights, email us at stevec@attorneyjaybrowne.com.

Stay informed, protect your rights, and reach out with any questions!