# Eviction, lockouts and problems with your landlord

Source: https://www.qaravan.org/resources/housing/eviction/

What to do if someone is trying to evict you, the lock was changed, or your home needs repairs.

Everyone who rents in New York City has rights, whatever their immigration status. A tenant can be evicted only after a court case and a judge's order. These cases go to the Housing Court, part of the New York City Civil Court.

The City's Office of Civil Justice (OCJ) pays for free tenant lawyers. The City housing agency, the Department of Housing Preservation and Development (HPD), inspects buildings. QARAVAN has no lawyers and gives no legal advice.

## Start here

- Do not leave because of a letter, a call or a threat. Only a judge's order, carried out by a marshal, can end your right to stay.
- If you got court papers for unpaid rent, answer at the Housing Court within 10 days of receiving the notice of petition.
- You may qualify for a free lawyer (Right to Counsel), whatever your status. At your first court date, say, “I would like an attorney,” and ask for an interpreter: “Russian interpreter, please.” Court interpreters are free.

## What you received and what it means

Papers and actions from a landlord or a court

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## If you got court papers, step by step

1. Read the papers and keep every one Find the court's name, the date to appear or answer, and the reason. Nonpayment: the landlord says you did not pay rent. Holdover: the landlord says you broke the lease or must leave for another reason. The deadlines differ.
2. Stay in your home Court papers do not mean you must leave. You can stay until a judge signs an eviction order and a marshal or sheriff delivers it.
3. Ask whether you qualify for free legal help Under the Right to Counsel law, tenants facing eviction in Housing Court may get a free lawyer or advice, whatever their status. The NYC Independent Budget Office (IBO) says you qualify if household income is at or below 200% of the federal poverty level ($51,640 for a family of three in 2024) or if someone in the household is 60 or older. IBO reports that in 2023 and 2024 over half of tenants got only a one-time consultation, with no lawyer in court. At your first court date, say, “I would like an attorney.” You can also email OCJ at civiljustice@hra.nyc.gov, or go to a Housing Court Answers information table in the Housing Court in Manhattan, Brooklyn, the Bronx or Queens (Mon–Thu 9 am–5 pm).
4. Answer on time In a nonpayment case, answer within 10 days after you received the notice of petition, at the clerk's counter of the Housing Court in your borough. In a holdover case you usually answer in the courtroom on the hearing date, unless the notice says otherwise. You can answer out loud or in writing; bring the court papers or the postcard and an ID. If you do not answer, the landlord may win, evict you and take money from your wages or bank account.
5. Tell the clerk what applies to you If you answer out loud, the clerk checks off your defenses on an Answer in Person form: for example, that you paid or that the papers were not delivered properly. Say if you or a family member are in the military. Before you leave, check that your answer is recorded correctly and take your copy.
6. Ask for an inspection if you have repair problems On your first day in court, or as soon as possible after, ask the clerk or the judge for an HPD inspection. List every problem in every room and in the shared parts of the building. Someone must be home to let the inspector in.
7. Go to your hearing In a nonpayment case the trial date is 3 to 8 days after you answer. Bring your copy of the answer and all your papers; they show the room and time. Courtrooms usually open at 9:30 am.
8. If you owe rent, look for money at the same time You do not need a court case to apply for a One Shot Deal (a one-time HRA payment for back rent); a demand letter from the landlord is enough. Homebase offices help with the application.
9. If you missed the date If you never answered and the landlord won a default judgment, go to the clerk and fill out an affidavit (a signed written statement) for an Order to Show Cause, asking the judge to vacate (cancel) the judgment. Explain why you did not answer (for example, you never got the papers) and what your defense is (for example, you paid all the rent).

## If a marshal's notice arrives, or you lost the case

1. Find out the eviction date The marshal's number is on the notice. Ask whether the eviction is scheduled.
2. Go to the Housing Court the same day Bring the notice and every paper from the landlord, including rent receipts. A Warrant of Eviction lets a marshal or sheriff remove the people named in the case and gives the earliest eviction date. A Motion to Restore/Enforce an Eviction is the landlord's request to the judge to restart or carry out the eviction. HRA says these papers are a reason to get help right away. Housing Court Answers has information tables in the Housing Courts in Manhattan, Brooklyn, the Bronx and Queens, Mon–Thu 9 am–5 pm.
3. Fill out the affidavit with the clerk At the courthouse, fill out an affidavit for an Order to Show Cause, asking the judge to stop the eviction. The form depends on whether you ever answered the case. If you need more time to pay a judgment, write how much and why.
4. Wait for the judge's decision The judge may stop the eviction until the case is heard, sign without stopping it, or set conditions such as paying the rent or showing that you have the money. Read the order carefully.
5. Serve the papers and come back If the judge signs, serve the papers on the other side and on the marshal as the order says. Come back on the hearing date, at the time and room in the order, with proof of service.
6. If the judge says no If the judge declines, or sets conditions you cannot meet, you can challenge the decision at the Appellate Term, the higher court. Bronx and Manhattan: 60 Centre Street, Room 401, New York. Brooklyn, Queens and Staten Island: 141 Livingston Street, 15th floor, Brooklyn.

## If you were locked out

1. Call 911 A lockout is a crime (a misdemeanor), and the police can keep the peace while you get back in. Show an ID or bills with the address, or ask neighbors to confirm that you live there. On [911](tel:911), say "Russian" and a free interpreter joins.
2. Find a free lawyer The Tenant Helpline (call [311](tel:311) and say "Russian" for a free interpreter) or one of the organizations on the Office of Civil Justice list can connect you with free legal help.
3. Go to the Housing Court the same day if the police cannot help You start a case called an illegal lock-out. Bring a lease, rent receipts, utility bills and mail addressed to you at the apartment. Housing Courts are usually open from 9 am to 4:30 or 5 pm. In the Bronx, the lockout office for people without a lawyer is at 851 Grand Concourse. At the court, ask the clerk's office for a free interpreter: New York State courts provide one at no cost, and you can write ahead to Courtinterpreter@nycourts.gov.
4. Fill out the petition and the affirmation At the courthouse you fill out a petition for an Order to Show Cause and explain in your affirmation (a signed written statement) how you were put out. The clerk witnesses the petition, sets a hearing date and sends the papers to a judge.
5. Pay the fee or ask for a waiver If the judge signs your order, pay the court fee at the cashier and get an index number (your case number). Pay by cash, certified check, money order or bank check; personal checks are not accepted. If you cannot afford the fee, ask for a waiver (poor person).
6. Serve the papers and come to the hearing Serve your petition as the order says. The hearing is usually within one or two days, at the room and time in the order. Bring your papers, proof of service and any other proof.
7. What the judge decides You must show that you lived there more than 30 days or have an agreement to live there. The judge can order the landlord to let you back in. If you are not allowed back, most judges let you collect your things (Legal Aid Society, May 2024).

## Housing Court in each borough

Housing Court by borough (New York State court directories); come in person and ask the clerk's office for a free interpreter

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## If your home needs repairs

1. Tell the landlord, preferably in writing Write to the landlord, the super or the managing agent and keep a copy. You can say that you will go to court if the repairs are not made.
2. File a 311 complaint Report the conditions in your room, apartment or building online at [portal.311.nyc.gov](https://portal.311.nyc.gov) or in the [311](tel:311) app. If it is an emergency that endangers the people living there, you can ask a City agency (HPD or the Health Department) to make the repair.
3. Start an HP action in the Housing Court if nothing changes HP (Housing Part) is the part of the court where tenants make landlords do repairs and provide heat and hot water. You do not need a lawyer. Bring the name and address of the landlord or managing agent. The clerk gives you an Order to Show Cause form and a petition; list every problem in each room and in the shared areas.
4. Ask HPD to inspect Fill out the Tenant's Request for Inspection: an HPD inspector visits and reports to the court. For emergency repairs, the inspection may not happen before the hearing.
5. Pay the fee or ask for a waiver, then serve the papers Pay by cash, certified check, money order or bank check; personal checks are not accepted. If you cannot afford the fee, ask for a waiver (poor person). Then serve the papers on the landlord and on HPD as the order says, and fill out an Affirmation of Service.
6. Know the time limits and the risk of withholding rent The Legal Aid Society (August 2025) says that in an HP case a reasonable time to repair is 24 hours for immediately hazardous conditions, 30 days for hazardous ones and 90 days for the rest. After you notify the landlord you may hold back rent until the repairs are done, but set the money aside: the landlord may start a nonpayment case, where the missing repairs become your defense. Talk to a legal services office first.

## Good Cause Eviction, the State law that limits evictions and rent increases

Who is covered by Good Cause Eviction (in effect since April 20, 2024)

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- NYC Department of Housing Preservation and Development (HPD): Good Cause Eviction Any status Free The good reasons a landlord can use (unpaid rent, breaking the lease, a nuisance or damage, illegal activity, refusing access for repairs, and a few others) and the limit on rent increases. In May 2026, HPD gave the local rent standard as 8.38%; the court decides whether an increase is unreasonable. Your landlord must tell you whether Good Cause Eviction covers your home. The law is enforced through the courts, so ask a legal services office before you act. [nyc.gov](https://www.nyc.gov/site/hpd/services-and-information/good-cause-eviction.page)
- New York State Attorney General: New York State Good Cause Eviction Law Any status Free A guide in English and Spanish: where the law applies, who is covered and what the landlord must tell you. [ag.ny.gov](https://ag.ny.gov/publications/new-york-state-good-cause-eviction-law)

## Free legal help for tenants facing eviction (Office of Civil Justice list, October 2024)

You usually don't pick the organization yourself: the court or the Office of Civil Justice assigns one. Without English, the simplest routes are: at your first court date say "I would like an attorney" and "Russian interpreter, please"; email OCJ at civiljustice@hra.nyc.gov (your name, phone and the case index number); or call [311](tel:311), say "Russian" and ask for the Tenant Helpline.

- Legal Services NYC Any status Free Offices in all five boroughs: Bronx, Brooklyn, Manhattan, Queens and Staten Island Legal Services. [legalservicesnyc.org](https://www.legalservicesnyc.org/)
- The Legal Aid Society Any status Free All five boroughs. [legalaidnyc.org](https://www.legalaidnyc.org/)
- New York Legal Assistance Group (NYLAG) Any status Free Brooklyn, Manhattan and Queens. [nylag.org](https://www.nylag.org/)
- CAMBA Legal Services Any status Free Brooklyn and Staten Island. [camba.org](https://camba.org/program/legalservices/)
- Build Up Justice NYC (formerly Brooklyn Legal Services Corporation A) Any status Free Brooklyn and Queens. [buj.org](https://buj.org/)
- RiseBoro Community Partnership Any status Free Brooklyn. [riseboro.org](https://riseboro.org/program/legal-services-leap/)
- BronxWorks Any status Free The Bronx. [bronxworks.org](https://bronxworks.org/our-services/legal-services/)
- Mobilization for Justice Any status Free The Bronx. [mobilizationforjustice.org](https://mobilizationforjustice.org/)
- Neighborhood Association of Inter-Cultural Affairs (NAICA) Any status Free The Bronx and Queens. [naicany.org](https://www.naicany.org/legal-services/)
- The Bronx Defenders Any status Free The Bronx. [bronxdefenders.org](https://www.bronxdefenders.org/)
- Urban Justice Center, Safety Net Project Any status Free The Bronx. [snp.urbanjustice.org](https://snp.urbanjustice.org/)
- Housing Conservation Coordinators Any status Free Manhattan. [hcc-nyc.org](https://www.hcc-nyc.org/legal-services)
- Northern Manhattan Improvement Corporation (NMIC) Any status Free Manhattan. [nmic.org](https://www.nmic.org/housing-legal/)
- Queens Defenders Any status Free Queens. [queensdefenders.org](https://queensdefenders.org/)

## Where to get help first

- Tenant Helpline Any status Free The City's tenant service (Mayor's Public Engagement Unit): tenant rights, referrals including to free lawyers, and help with eviction, harassment and lockouts, whatever your status. Call [311](tel:311), say "Russian", and once the interpreter joins, ask for the Tenant Helpline (Monday to Friday, 9:30 AM to 5 PM). You can also write through the online contact form at [nyc.gov/site/mayorspeu/programs/contact-the-tenant-support-unit.page](https://nyc.gov/site/mayorspeu/programs/contact-the-tenant-support-unit.page). A specialist calls you back from a number you won't recognize, so pick up. [nyc.gov](https://www.nyc.gov/site/mayorspeu/programs/contact-the-tenant-support-unit.page)
- Housing Court Answers Any status A nonprofit for tenants with a Housing Court case, with information tables in the Housing Courts in Manhattan, Brooklyn, the Bronx and Queens. Staff speak English and Spanish. It gives no money but refers people to charities and explains HRA's rules for assistance. [housingcourtanswers.org](https://housingcourtanswers.org/contact-us/) tables Mon–Thu 9 am–5 pm
- Right to Counsel: Office of Civil Justice (OCJ) Any status Free A free lawyer or advice for tenants facing eviction in Housing Court or in an administrative case by the New York City Housing Authority (NYCHA, the City's public housing landlord), in every ZIP code and whatever their immigration status. IBO says the test is household income at or below 200% of the federal poverty level, or a household member 60 or older; in 2023 and 2024 over half of tenants got only brief advice, not a lawyer in court. Email OCJ at civiljustice@hra.nyc.gov with your name, phone number and Housing Court index number. At your first court date you can also say, “I would like an attorney.” [nyc.gov](https://www.nyc.gov/site/hra/help/legal-services-for-tenants.page)
- HPD: harassment complaints Any status Free If the owner withholds essential services or skips repairs to make you move out, file a complaint online at [portal.311.nyc.gov](https://portal.311.nyc.gov) or in the [311](tel:311) app and say that you believe you are being harassed: HPD's Anti-Harassment Unit gets these complaints through [311](tel:311). You can also email HPD's Tenant Harassment Prevention Task Force at THPT@hpd.nyc.gov. Harassment is any act or failure to act by or for an owner that causes, or is meant to cause, a tenant to give up rights in their home. You can also bring a harassment claim in Housing Court. [nyc.gov](https://www.nyc.gov/site/hpd/services-and-information/tenant-harassment.page)
- NYC Commission on Human Rights (CCHR) Any status Free A landlord cannot refuse you, harass you, refuse repairs or threaten to call immigration authorities because of your immigration status, national origin, gender identity or sexual orientation. Report housing discrimination at [nyc.gov/reportdiscrimination](https://nyc.gov/reportdiscrimination). [nyc.gov](https://www.nyc.gov/site/cchr/about/contact-us.page)
- Brooklyn Housing & Family Services Any status Free A fair housing counselor in Brooklyn listed by HPD. HPD says it works in Russian, as well as English and Spanish. Counselors explain Housing Court procedures and help settle disputes with owners. [718-435-7585](tel:7184357585) [nyc.gov](https://www.nyc.gov/site/hpd/services-and-information/tenants-rights-legal-assistance.page)
- New York City Police Department (NYPD) Any status Free For a lockout or a utility shut-off meant to force you out, call [911](tel:911) and say "Russian" for a free interpreter. The police can keep the peace while you get back in. [911](tel:911) [nyc.gov](https://www.nyc.gov/site/mayorspeu/resources/illegal-lockouts.page) 24/7

## Glossary: definitions of special terms and abbreviations

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This is general information, not legal advice: QARAVAN has no lawyers. QARAVAN does not help anyone enter the US and cannot arrange visas, invitations, sponsorship or evacuation. For your own case, talk to a licensed immigration attorney or a representative accredited by the U.S. Department of Justice.

[All pages: Housing](https://www.qaravan.org/resources/housing/)

**Sources, checked November 2026**

- [nyc.gov/site/hra/help/legal-services-for-tenants.page](https://www.nyc.gov/site/hra/help/legal-services-for-tenants.page)
- [nyc.gov/site/mayorspeu/resources/illegal-lockouts.page](https://www.nyc.gov/site/mayorspeu/resources/illegal-lockouts.page)
- [housingcourtanswers.org/contact-us](https://housingcourtanswers.org/contact-us/)
- [housingcourtanswers.org](https://housingcourtanswers.org/)
- [nyc.gov/site/cchr/about/contact-us.page](https://www.nyc.gov/site/cchr/about/contact-us.page)
- [nyc.gov/site/hpd/services-and-information/good-cause-eviction.…](https://www.nyc.gov/site/hpd/services-and-information/good-cause-eviction.page)
- [ag.ny.gov/publications/new-york-state-good-cause-eviction-law](https://ag.ny.gov/publications/new-york-state-good-cause-eviction-law)
- [legalservicesnyc.org](https://www.legalservicesnyc.org/)
- [legalaidnyc.org](https://www.legalaidnyc.org/)
- [nylag.org](https://www.nylag.org/)
- [camba.org/program/legalservices](https://camba.org/program/legalservices/)
- [buj.org](https://buj.org/)
- [riseboro.org/program/legal-services-leap](https://riseboro.org/program/legal-services-leap/)
- [bronxworks.org/our-services/legal-services](https://bronxworks.org/our-services/legal-services/)
- [mobilizationforjustice.org](https://mobilizationforjustice.org/)
- [naicany.org/legal-services](https://www.naicany.org/legal-services/)
- [bronxdefenders.org](https://www.bronxdefenders.org/)
- [snp.urbanjustice.org](https://snp.urbanjustice.org/)
- [hcc-nyc.org/legal-services](https://www.hcc-nyc.org/legal-services)
- [nmic.org/housing-legal](https://www.nmic.org/housing-legal/)
- [queensdefenders.org](https://queensdefenders.org/)
- [nyc.gov/site/hpd/services-and-information/tenant-harassment.page](https://www.nyc.gov/site/hpd/services-and-information/tenant-harassment.page)
- [nyc.gov/site/hpd/services-and-information/tenants-rights-legal…](https://www.nyc.gov/site/hpd/services-and-information/tenants-rights-legal-assistance.page)
- [nyc.gov/site/mayorspeu/programs/contact-the-tenant-support-uni…](https://www.nyc.gov/site/mayorspeu/programs/contact-the-tenant-support-unit.page)