Tenants have the right to live in a safe apartment. Landlords must provide basic security to protect tenants from possible criminal harm, such as making sure the front doors are secure and have working locks. Owners of buildings that contain multiple apartment units must make sure that the entrances, stairways, and yards are lit from sunset to sunrise.

If the landlord did not keep the entrance safe, and an intruder (someone who has no right to be there) enters the building and commits a crime against you, you may be able to sue the landlord for “damages” – an award of money to pay you back for any loss you suffered.

Landlords may have an obligation to install safety precautions such as self-locking doors or intercom systems. The NY Attorney General’s office has published helpful information on the duties of landlords that own particular types of buildings and the rights of tenants.   

For some crime victims, the financial effects of victimization can be overwhelming. Sometimes, crime victims may have trouble paying their rent.

Here is some information that can help you if you are falling behind on your rent payments and are concerned about losing your home.

What is an eviction?

An eviction is a court proceeding that a landlord must use to remove a tenant from the rented property. In New York State, someone who rents a home or an apartment can be evicted for several reasons, including failing to pay the rent or not obeying the rental agreement.

In order to legally evict a tenant, a landlord must start an eviction action in a court, go to court, win the case and get a court order called a “Warrant of Eviction.”

My landlord is threatening to evict me. What are my rights?

Before your landlord can evict you for not paying rent, they must tell you, in person or in writing, that you have three days to pay the rent or you will have to move out. If you can’t pay the rent in those three days, the landlord can begin eviction proceedings against you.

If your landlord believes that you are violating the terms of your lease, then the rental agreement will list the steps a landlord must take before filing an eviction.

Your landlord cannot evict you or lock you out of your home without getting a judgment from the court allowing them to evict you.

What do I do if I am illegally evicted?

If you were not given a court order allowing the landlord to evict and are locked out of your home, you can call the police. Let them know you were illegally evicted and show them your driver’s license or mail with your address on it, and they should let you back in your home.

Go to LawNY for more information about tenants’ rights during an eviction. 

Our federal, state, and local laws make sure that all individuals have the right to housing. The federal Fair Housing Act makes it illegal to treat someone differently based on their race, color, national origin, religion, disability, sex, or whether they have children under 18 years of age.  New York State Human Rights Law also makes it illegal to treat someone differently based on age, religious beliefs, sexual orientation, military status, domestic violence status, or whether they are single or married.

Consult the New York State Division of Human Rights Fair Housing Guide to find out where you can go to protect your rights. You can also file a discrimination complaint through the NYS Division of Human Rights or contact 1-888-392-3644.

You can contact 1-718-741-8332 to receive forms in alternative formats, including Spanish and Braille.

Your landlord may be required to allow you to make reasonable modifications to your rental unit or common areas, at your own expense, if necessary to allow individuals with disability use and enjoyment of a rental unit. A landlord may be required to make reasonable accommodations in the rules, policies, practices or services, if necessary, for a person with a disability to use the housing.

You can find information about reasonable modifications and reasonable accommodations at the Department of Housing and Urban Development and you can file a discrimination complaint.

Victims of intimate partner violence (also called domestic violence) have additional housing protections. Below are your rights under New York State laws. 

Discrimination

You have the right not to be discriminated against or treated differently because you are a domestic violence victim. This means landlords cannot refuse to rent to you because you are a domestic violence victim, and landlords cannot apply rules to you that the other tenants don’t have to follow.

This right also applies to parents of a minor child who is a victim of family violence. 

This right does not apply to victims if the landlord lives in the building and the building has only one or two apartments.

What can I do if I think I have been discriminated against?

If a landlord violates this law, you or a family member can sue the landlord for damages (an award of money to pay you back for any loss you suffered). You may also ask for attorney’s fees if you win.
You would need to prove that the landlord refused to rent to you because you are a victim of domestic violence and for no other reason.

Consult an attorney to gain a better understanding of your rights and options. 

Ending Your Lease

An intimate partner violence victim with a valid order of protection has the right to end their lease early. 

In order to be safe from their abusive partner, a victim of domestic violence may need to move out of their apartment before their lease ends. Rental agreements usually require tenants to pay rent for the entire length of the lease even if the tenant ends the lease early and moves. This law gives victims who are worried about their safety more freedom to move without additional financial costs.

This right also applies to non-abusive parents of a child who is a victim of domestic violence.

A lease that asks a tenant to give up this right is illegal and cannot be enforced.

What can I do if my landlord won’t let me end the lease early unless I pay the rest of the rent?

If the landlord does not allow you to end your lease early, you can ask the court that gave you the order of protection to let you end the lease.

The court can make this order if:

• You have a valid order of protection
• At least ten days before you ask the court for help, you tell the landlord and any co-tenants (people who lease the apartment with you) that you want to end the lease.
• You show that that you asked the landlord to end the lease early, but the landlord said no.
• You show that even with the order of protection, you or your child are in danger of something called “substantial risk of physical or emotional harm” from the offender (the abusive person named in the order of protection) and that moving will be safer.  
• You are doing this in “good faith”, which means for a good reason.

If the court makes this order, it can also:

• Set an early end date of the lease.
• Require you to pay all rent due until this early end date.
• Require you to leave the rental property in good condition.

What if I live with other tenants?

If there are other tenants, the court may split the lease and allow the other tenant to stay.

Eviction because of domestic violence

It may be illegal for your landlord to evict you (force you from your rented home) because your partner abused you in your home.

There are many towns in New York State that have something called “nuisance ordinances.” If police are called to a home a certain number of times within a given period, the property can be considered a nuisance. When police respond to a rental property repeatedly, landlords often decide to evict the tenant.

Nuisance laws are meant to discourage criminal activities, but they have been used against domestic violence victims.  There have been cases where victims of domestic violence were told by the police that if they keep calling for help they will be evicted.  These victims were being punished for asking for emergency help and couldn’t be safe in their own homes.

If you are a victim of domestic violence and are being evicted as a result of a nuisance ordinance, contact the New York State Coalition Against Domestic Violence.     

Federal Subsidized Housing

Subsidized housing is a government sponsored program that offers affordable housing to people and families in need. Victims of intimate partner violence also have federal housing rights. Some of these rights include:

• Your application cannot be rejected because you are a victim of intimate partner violence, dating violence, sexual assault or stalking. You also cannot be evicted because of your victimization unless there is an immediate danger to other tenants.
• You have the right to remove your abuser from the lease.
• Your housing provider must accept one of the following forms of documentation of abuse: self-certification, police report, court record, statement from your counselor or lawyer.
• You have the right to have your housing provider adopt emergency transfer plans so that you can move to a safer location.

There are shelters specifically for victims of intimate partner violence. These shelters provide a safe place for victims and their children to stay for a short period of time. Some shelters allow you to bring in your pets, or will help find a safe place where your pets can be cared for. Specially trained advocates can assist victims with permanent housing, counseling, legal advocacy, and other needs. 

Leaving your home and going to a shelter may seem scary, but it gives you a chance to be in a secure place while you weigh your options and plan your future free from violence. 

What are my rights as a resident in a domestic violence shelter?

Within the first day following admission to the shelter program, you have the right to receive a written agreement that explains the rules of the program, such as length of program and when a resident can be evicted.

You also should receive a written notice of your rights, which include:

• Your right to confidential treatment and to stay in a safe environment.
• Your right to know that all suspected cases of child abuse will be reported to the State central registry of child abuse and maltreatment.
• Your right to have private communications, including your right to receive and send mail, and the right to leave the shelter to meet with an attorney.
• Your right to leave and return to the shelter according to the shelter’s rules.
• Your right to receive fair and respectful treatment.
• Your right to manage your own financial affairs.
• Your right to religious freedom.

Find a domestic violence program and talk to an advocate to help you decide if going to a shelter is the right choice for you.