Tenants have the right to live in a safe apartment. Landlords must provide basic security to keep tenants safe.

A landlord’s duties may include:

• Making sure front doors are secure and locks work
• Lighting entrances, stairways, and yards at night in buildings with more than 1 apartment
• Installing safety devices such as self-locking doors or intercoms.

What if my landlord did not keep the entrance safe?

If the landlord did not keep the entrance safe and someone enters the building and commits a crime against you, you may be able to sue the landlord for “damages.”  That means the landlord must pay you money for your losses.

Please read the Tenants’ Rights Guide for more information about a landlord’s duties.

If you are a crime victim, the financial effects of victimization can be overwhelming.  You may have trouble paying your rent.

This section has information about what to do if you are worried about:

• Falling behind on your rent
• Losing your home.

What is an eviction?

Eviction is a court process. A landlord uses eviction to make a tenant leave a rented property.

If you rent a home or apartment in New York State, your landlord can evict you if you don’t pay the rent or follow the lease or rental agreement.

To evict you, your landlord must:

1. Start an eviction case in court,
2. Go to court,
3. Win the case, and
4. Get a court order called a “Warrant of Eviction.”

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

Before your landlord evicts you, they must follow certain rules.

Not paying rent: If your landlord wants to evict you for not paying rent, they must tell you, in person or in writing, that you have 3 days to pay the rent or move out. If you can’t pay in 3 days, the landlord can start an eviction.

Breaking your lease:  If your landlord thinks you broke your rental agreement, read the lease carefully. It lists the steps a landlord must take before filing an eviction.

Remember:  Your landlord must get a court order before they can evict you or lock you out.

What if I am evicted illegally?

If the landlord locks you out of your home without a court order, you can call the police. Tell them you were illegally evicted and show them proof of your address (your driver’s license or mail). The police should let you back in your home.

For more information about your rights during eviction, please visit  HUD tenants rights or LawNY.

Federal, state, and local laws protect everyone’s right to housing. It is against the law for a landlord to treat you differently because of:

• Race, color, or national origin
• Religion
• Disability
• Age
• Gender or sexual orientation
• Military status
• Domestic violence
• Being single or married
• Having children under 18

To find out how to protect your rights, please read the New York State Division of Human Rights Fair Housing Guide. 
To file a discrimination complaint, please go to the NYS Division of Human Rights or call 1-888-392-3644.

To get forms in other formats, including Spanish and Braille, call 1-718-741-8332.

Disability Protections

If you have a disability and need to make reasonable modifications to your home or common areas, the landlord may have to let you. You must pay for the changes.

If needed, your landlord may also have to make reasonable accommodations to the rules, policies, practices or services so you can use the housing.

To find information about reasonable modifications and accommodations and to file a discrimination complaint, please visit the Department of Housing and Urban Development.

In New York State, victims of domestic violence (also called intimate partner violence or family violence) have additional rights.

Right Against Discrimination

You have the right not to be discriminated against or treated differently because you are a domestic violence victim.

If you are a victim of domestic violence, a landlord CANNOT:

• Refuse to rent to you because you are a victim
• Give you different rules than other tenants.

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

This right does not apply if  the landlord lives in the building, and there are only 1 or 2 apartments. ,

What if I think I was discriminated against?

If a landlord breaks the law, you can sue for damages. That means the landlord must pay for your losses. If you win, you can also ask the landlord to pay your lawyer’s fees.

You must prove the landlord refused to rent to you because you are a victim of domestic violence and for no other reason.

Right to End Your Lease Early

To be safe from their abusive partners, victims of domestic violence may need to move out of their apartment before the lease ends. Most leases say that you must pay rent until the end date on the lease even if you end the lease early and move. 

But, if you are:

• A domestic violence victim with a valid order of protection, or
• The non-abusive parent of a child who is abused

you have the right to end your lease early without paying for the entire length of the lease. This helps you be safe without added financial costs.

It is against the law for a lease to ask you to give up this right.

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

You can ask the court that gave you the order of protection to let you end the lease.

For the court to do this, you must:

• Have a valid order of protection.
• Tell your landlord you that you want to end the lease early. You must also tell any person who is renting the apartment with you. You must do this at least 10 days before you ask for the court’s help.
• Show you asked to end the lease early, but the landlord said no.
• Show that you or your child is still in danger of being physically or emotionally hurt by the offender, and that moving will be safer. 
• Ask in “good faith.” That means you have an honest and good reason.

The court can set an earlier date to end your lease. The court can also order you to:

• Pay all rent due until this earlier end date
• Leave the property in good condition

What if I have roommates?

If there are other tenants, the court may split the lease and let the others stay.

Right not to be evicted 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 domestic violence victim and are being evicted because of a nuisance law, contact the New York State Coalition Against Domestic Violence.     

Federal Subsidized Housing

Subsidized housing is a government sponsored program. It offers affordable housing to people and families in need.

Victims of domestic violence also have federal housing rights. Some of these rights include the right to:

• Apply for subsidized housing. The program cannot reject you because you are a victim of domestic violence, dating violence, sexual assault or stalking.
• Stay in your subsidized home. Your landlord cannot evict you unless other tenants are in immediate danger.
• Remove your abuser from your lease. You can still get the subsidy.
• Present one of the following proofs you were abused: self-certification, police report, court record, statement from your counselor or lawyer.
• Ask your housing provider for emergency transfer plans so you can move to a safer location.

New York State has emergency shelters for domestic violence victims. Leaving your home can be scary. But these shelters provide a safe place for victims and their children to stay for a short period of time. Some shelters let your pets stay with you, or will help find a place where your pets can be cared for.

Trained advocates at the shelter can help you think about your options and plan your future. They can help you with:

• Permanent housing
• Counseling
• Legal services
• Other needs.

What are my rights in a domestic violence shelter?

You have the right to get a written agreement and a notice about your rights. The agreement explains the program rules, such as how long you can stay and when someone can be asked to leave.

The notice describes your rights. These include the  right to:

• Confidential, fair, and respectful treatment
• A safe environment
• Private communication, such as sending and receiving mail
• Meet with lawyer
• Come and go according to the shelter’s rules
• Manage your own finances
• Religious freedom
• Know that all suspected cases of child abuse will be reported to the State central registry of child abuse and maltreatment

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