- posted: Jul. 26, 2020
Under New York law, landlords cannot take the law into their own hands against:
(1) tenants, or
(2) those who have continuously occupied the property for 30 days or more.
The only legal way to evict tenants or the 30+ day occupants is to go to Court and obtain a judgment and warrant of eviction in a holdover or nonpayment proceeding.
The difference between the squatters and the tenants/30+ day occupants is that the tenants/occupants are legally occupying the apartment, and therefore have a property interest, whereas squatters do not.
How does an illegal eviction normally take place? A couple of ways. The obvious was mentioned—by changing the locks and preventing the tenant from getting back inside. But under the law, landlords cannot:
- Use or threaten force to induce you to leave your apartment;
- Behave in a way that interferes, or is intended to interfere with your use or comfort and peace in the apartment;
- Engage or threaten to engage in any behavior that prevents or is intended to prevent you from lawfully occupying your apartment or to induce you to leave;
- Interrupt or shut off essential services, such as your electricity or water;
- Throw out your belongings;
- Remove your door.
If you have been locked out, how do you get back inside your apartment?
You must bring an illegal lockout proceeding in Housing Court. This is an emergency proceeding, which means that a judge will hear your case before other cases once yours is filed. Most likely, your case will be heard within days from the filing of the case (the “return date”). You must serve your Landlord with a copy of the court papers.
Once you serve your Landlord, the Court will hold a trial on the return date and resolve any disputes of fact. If you win, the Court will order your Landlord to let you back into your apartment.
Under New York’s Housing Stability and Tenant Protection Act of 2019, an unlawful eviction is punishable as a Class A misdemeanor with civil penalties ranging between $1,000.00 and $10,000.00 per violation.
Have you been illegally locked out of your apartment? If so, please call us immediately for a consultation so that we can help you get back inside as soon as possible. We here at Outerbridge Law have successfully prosecuted illegal lockout evictions, and are dedicated to making sure that no one takes away your right to reside in your apartment.
Contact us at:
Outerbridge Law P.C.
(212) 364-5593
