Frequently Asked Questions

Receiving court papers feels like an emergency—and it is—but you're not getting locked out tomorrow. An eviction in New York requires a full court process, and you have rights at every step.

First, figure out what you actually received. A Rent Demand is a warning, not a court case. A Notice of Petition and Petition means a case has been filed and you must respond. A 14-Day Marshal's Notice means a lockout is imminent—this is the most urgent situation.

If you received a Petition, you typically have 10 days to file an Answer with the court. Your Answer is where you raise defenses—repair problems, improper service, overcharges, or retaliation. Missing this deadline can result in a default judgment against you.

Roughly one million apartments in New York City are rent-stabilized, and many tenants don't know they're living in one. If your building has six or more units and was built before 1974, there's a good chance you're covered—though there are exceptions.

The definitive way to check is to request your apartment's rent registration history from DHCR (the Division of Housing and Community Renewal). This document shows every registered rent going back decades. You can request it online through the DHCR portal, by mail, or in person. It's free and typically arrives within a few weeks.

Look at your lease, too. Rent-stabilized leases include a rider with specific language about your rights. If your lease doesn't mention rent stabilization but your building qualifies, that's a red flag worth investigating.

If you're in a rent-stabilized apartment and suspect your rent is higher than legally allowed, you have the right to file a rent overcharge complaint with DHCR. This is more common than you'd think.

Start by requesting your apartment's rent registration history from DHCR. Review it for any large, unexplained jumps—especially around tenant turnover. Under the Housing Stability and Tenant Protection Act (HSTPA) of 2019, DHCR can now look back at your apartment's entire rent history, not just the past four years.

If you find discrepancies, file a complaint with DHCR. For willful overcharges, you may be entitled to treble damages—three times the overcharge amount.

Think you're being overcharged? Start your case review →

It depends on what kind of apartment you have. If you're in a rent-stabilized unit, your landlord generally cannot refuse to renew your lease—they must offer you a renewal on a DHCR-approved form between 90 and 150 days before your current lease expires.

For market-rate tenants, the picture changed significantly on April 20, 2024, when the Good Cause Eviction law took effect. If your building is covered by Good Cause, your landlord now needs a legally recognized reason to refuse renewal.

Buildings exempt from Good Cause include condos, co-ops, buildings with 10 or fewer units where the owner lives in one, and certain newer construction.

An illegal lockout is when your landlord locks you out of your apartment without a court order and Marshal's execution. This includes changing your locks, removing your belongings, shutting off utilities, or physically blocking your entry. Only a City Marshal can legally lock you out, and only after a court judgment and 14-day notice.

Call 911. Illegal lockout is a crime. Police can help you regain entry. Bring proof you live there—ID with the address, mail, a lease.

Go to Housing Court immediately. You can file an emergency proceeding to restore you to possession. In Brooklyn, that's 141 Livingston Street.

Document everything. Photograph the changed locks, your belongings in the hallway, any communication from your landlord.

Every residential lease in New York includes the Warranty of Habitability—a legal guarantee that your apartment is safe and livable. This covers heat (at least 68°F when it's below 55°F outside), hot water, working plumbing, freedom from vermin, and structural safety.

Notify your landlord in writing—email works, but certified mail creates stronger proof. Call 311 to request an inspection from HPD. If the inspector finds violations, HPD issues official citations.

If your landlord still ignores you, file an HP Action in Housing Court. This is a lawsuit asking a judge to order repairs and impose civil penalties.

Living in unsafe conditions? Start your case review →

Technically, yes—but withholding rent is one of the riskiest moves a tenant can make. The moment you stop paying, your landlord can file a non-payment eviction case against you. You'll then have to prove in court that the conditions were serious enough to justify withholding rent.

That said, serious habitability problems are a valid defense in an eviction case. A judge may reduce the rent you owe (a "rent abatement") to reflect the diminished value of the apartment.

The safer path is usually to keep paying rent while pursuing repairs through official channels: written complaints, 311 calls for HPD inspections, and HP Actions in Housing Court.

Retaliation happens when a landlord takes negative action against you because you exercised a legal right. Common triggers include filing HP Actions for repairs, complaining to HPD, or organizing with other tenants.

New York law protects tenants from retaliation. If your landlord takes action against you within one year of your protected activity, the law presumes it's retaliatory—meaning your landlord has to prove a legitimate reason for their action.

Retaliation is a defense in eviction proceedings. To prove it, timing and documentation matter.

Facing retaliation? Start your case review →

Good Cause Eviction (GCE), effective April 20, 2024, extends eviction protections to many market-rate tenants who previously had none.

Who's covered: Tenants in buildings not otherwise protected by rent stabilization, and not falling under an exemption.

Who's exempt: Condos and co-ops; buildings with 10 or fewer units where the owner lives in one; buildings built in the last 30 years without affordability requirements; and rent-stabilized apartments (already protected).

What it means: Your landlord needs a valid reason—"good cause"—to evict you or refuse to renew your lease. An "unreasonable" rent increase can also be a defense.

Questions about Good Cause? Start your case review →

Hire an attorney whenever there's a breakdown that written communication alone won't fix—or when you receive court papers.

Tenants should consider hiring a lawyer if: you've been served with eviction papers, you've been illegally locked out, you believe you're being overcharged, your landlord is ignoring serious repair problems, or you're facing retaliation.

Landlords should consider hiring a lawyer if: you need to evict a tenant, you're being sued by a tenant, you've received a DHCR complaint, or you need guidance on regulatory compliance.

Navigating Housing Court without representation is risky. Judges expect parties to know the rules.

Legal fees vary significantly based on the complexity of your case.

Flat fees are common for straightforward matters: $500-$2,000 for basic services.

Hourly rates apply to contested litigation: $250-$500+ per hour, with an upfront retainer (often $2,500-$10,000).

Free or low-cost options exist. Tenants facing eviction may qualify for free representation through NYC's Right to Counsel program—call 311 and ask for "tenant helpline."

Get an honest assessment of your case. Start your review →

An eviction in Brooklyn Housing Court takes months, not weeks.

Uncontested cases (tenant doesn't respond or appear) can resolve in 3-6 months.

Contested cases (tenant files an Answer and shows up) typically take 6-12 months or longer.

Even after a judgment, tenants can file Orders to Show Cause to stay eviction pending appeals or to request additional time.

New York law strictly regulates security deposits.

The basics: A security deposit cannot exceed one month's rent. The landlord must hold it in a separate interest-bearing account in a New York bank.

At move-out: Within 14 days of the tenant vacating, the landlord must either return the full deposit or provide a written, itemized statement of deductions. Failure to provide this statement within 14 days means the landlord loses the right to keep any portion.

If your deposit is wrongfully withheld: You can sue in Small Claims Court (up to $10,000 in NYC).

Your first appearance in Brooklyn Housing Court (141 Livingston Street) is typically not a trial—it's a conference designed to see if the case can settle.

For tenants: Arrive early. Check the court calendar to find your courtroom. When your case is called, you'll be sent to a Resolution Part where a court attorney tries to mediate a settlement.

For landlords: Come with documentation—the original lease, proof of service of notices, rent ledgers, photos if relevant.

If you can't settle: The case is adjourned to another date, or you can request a trial.