Do I Have a Case?

How This Quiz Works

This quiz evaluates five categories of housing issues and guides you through relevant questions to assess whether you may have a legal case. The decision logic for each category is summarized below.

Eviction Defense

The quiz first checks for urgent situations: a marshal's notice (which requires immediate legal action) or an illegal lockout (which is a crime under New York law). For standard eviction cases, it identifies whether you received a nonpayment petition (landlord claims you owe rent) or a holdover petition (landlord claims your right to occupy has ended).

For nonpayment cases, the quiz evaluates whether you received a proper 14-day rent demand, the reasons you could not pay (including habitability issues, financial hardship, disputes about the amount, or landlord refusal to accept rent), and the condition of your apartment. Serious apartment problems can form a warranty of habitability defense.

For holdover cases, the quiz evaluates the stated reason (lease expiration, nuisance claims, illegal use, owner-use, or squatter allegations), whether the apartment is rent stabilized (which provides the right to lease renewals), and how long you have lived there (which affects notice requirements and Good Cause Eviction protections).

Illegal Lockout

The quiz determines whether the lockout involved physical force (which is an emergency requiring 911), whether a marshal executed a court-ordered warrant (which may be a legal eviction), and how long you have lived at the address. If you lived there 30 days or more and no marshal was involved, you likely have a strong illegal lockout case. Under New York Real Property Law 768, illegal lockout is a Class A misdemeanor.

Repairs and HP Actions

The quiz evaluates the severity of conditions (emergency conditions like no heat or water, high-severity issues like mold or pests, and lower-severity issues), whether you notified the landlord in writing, how the landlord responded, and whether HPD has been contacted and issued violations. Cases with documented HPD violations and written landlord notification are assessed as strong. Cases without HPD contact are directed to file complaints first to build the record.

Rent Overcharge

The quiz first confirms rent stabilization status, since overcharge claims only apply to stabilized apartments. It then evaluates why you suspect overcharge: rent increases exceeding RGB guidelines, unusually high initial rent, extra charges not included in the lease, knowledge of the prior tenant's lower rent, or findings from DHCR rent history. The quiz also checks for preferential rent, which affects how increases are calculated since HSTPA 2019.

Security Deposit

The quiz evaluates the timeline since move-out (landlords have 14 days to return the deposit under New York law), what the landlord returned (full, partial, or nothing), what deductions were claimed (painting and redecorating are generally not permissible deductions), and whether the landlord provided itemized documentation with receipts as required by law. Failure to return the deposit within 14 days or failure to provide itemization strengthens the tenant's case.

Possible Outcomes

• Strong case: Your answers indicate significant legal options. An attorney can evaluate the specifics and pursue the appropriate remedy.
• Possible case: Your situation has factors that could support a legal claim, but the strength depends on details best discussed with an attorney.
• Requires individual analysis: Your case involves complex factors that need careful legal review before an assessment can be made.
• Urgent matter: Time-sensitive situations like marshal's notices or illegal lockouts that require immediate action.