Some of the information on this page may have been temporarily changed by governments and courts in response to Coronavirus.
As a crime victim, you may have concerns related to your housing needs. Maybe:
- The crime happened at your home and you no longer feel safe there
- Your worried the criminal can find out where you live
- The financial losses from the crime make it hard for you to afford to stay in your home
- The criminal lives with you and you need to escape.
In our Housing section, we have information that can help you.
Homeowners have been greatly impacted by the Covid-19 crisis:
- Because of job loss and other financial problems, many homeowners are unable to meet their mortgage obligations.
- Some homeowners are facing housing discrimination because of direct or indirect exposure to the Covid-19 virus.
Federal, state and local governments are taking action to make sure that homeowners do not lose their homes and that everyone has fair access to housing during the Covid-19 crisis.
- Already in foreclosure
- If your home is already in foreclosure, New York State said in a recent Executive Order that it will not allow any foreclosure matters to move forward before June 19, 2020, at the earliest.
- For FHA (Federal Housing Authority) single family homeowner loans, the Federal Government has stopped all foreclosure and eviction proceedings until May 17, 2020, at the earliest. To learn more, visit HUD Covid-19 Resources and Fact Sheet.
- Foreclosure auctions are postponed until the court approves their continuation. If your home was already sold and you are still living in it, you cannot be evicted.
- Tenants/renters living in a property that is already in foreclosure cannot be evicted until further notice.
- Loss mitigation, such as loan modification, deferrals and loan forgiveness, remains an option during the Covid-19 crisis. New York State has strongly encouraged lenders and mortgage servicers to exercise as much flexibility as possible with homeowners during this financially difficult time;
- Trial Payment Plans: New York State has strongly encouraged lenders and mortgage servicers to offer a 90-day “grace period” to homeowners who cannot make their Trial Payment Plan payments. If you cannot make one or more of your Trial Payment Plan payments, let the bank or mortgage servicer know so they can offer to you extra time to make payments, where possible.
- Homeowners insurance that is paid as part of your mortgage will likely continue to be paid by the bank until the foreclosure is finished. If you pay for homeowners insurance directly to an insurance company, and you cannot make your payments, let the company know. New York State has strongly encouraged insurance companies to help homeowners who cannot make payments because of Covid-19. The insurance company might extend your payment due dates and waive late or reinstatement fees.
- New Foreclosures
- Right now, courts are not permitting the filing of any new foreclosure matters. For the most up to date information about what kinds of cases the court is hearing, please visit New York Courts.
- Loss mitigation is still an option for homeowners who are not yet in foreclosure, but are suffering the financial impact from Covid-19. If you are experiencing financial challenges and cannot pay your mortgage, speak with your lender or mortgage servicer as soon as possible. They can discuss with you options that can help you stay in your home, and possibly avoid foreclosure.
- Forbearance applications allow homeowners to not make mortgage payments for a period of 90 days where Covid-19 has caused financial hardship. You can get forbearance applications from your lender.
- Shelters are “essential services” and are open to help you if you are at risk of being homeless or need a place to stay. You can get help Finding a Shelter.
- You cannot be asked to leave a shelter based on the housing provider’s fear or guess that you have or may have been exposed to Covid-19.
- A concerned housing provider should rely on medical information and advice from public health officials to determine steps that could lessen the chance or prevent the risk of transmission.
- Housing Protections
- HUD reminds housing providers and the public that:
- Federal fair housing anti-discrimination laws protect persons from discrimination in all types of housing. This includes rental housing, nursing homes, permanent shelters and other places where people live and receive services together.
- Covid-19 discrimination based on race, national origin or other protected class of people is prohibited.
- Housing providers:
- Should not evict persons based on Covid-19 concerns;
- Housing providers should rely on reliable medical information and advice from public health officials, such as guidelines provided by the Center for Disease Control.
- Learn more about Covid-19 and Tenant Rights.
- HUD reminds housing providers and the public that:
Updated July 19, 2020
Buying a home can be one of the happiest moments in life, and losing your home can be one of the most frightening. If you have financial problems because of the crime, it may be hard for you to pay your mortgage. If this happens, you could be at risk for foreclosure. That means you could lose your home.
This section has information about what to do if you are worried about:
- Falling behind on your mortgage payments
- Losing your home
What is foreclosure?
Foreclosure is a when a bank or mortgage lender files a lawsuit to force the sale of a property. The bank does this to get back money owed when someone falls behind on payments.
Will I be forced to leave my home if I can’t pay the mortgage?
Even if you miss a couple of mortgage payments, you will not have to leave your home right away. A foreclosure case takes a while in the courts. That gives you time to work with your lender and try to stop foreclosure.
How long does a foreclosure case take?
The length of foreclosure depends on where you live. Foreclosure usually takes about:
- 1-1/2 years in upstate New York
- 3-1/2 years in downstate.
But sometimes it can happen in less than 1 year, so it is important to ask for help as soon as you can.
Do I have rights?
In NYS, homeowners facing foreclosure are protected by the Consumer Bill of Rights. You have a right to:
- Stay in your home until a court orders you to leave. You must keep your property in good shape.
- Have a lawyer. You may qualify for free or low cost housing counseling.
- Be free from harassment or foreclosure scams.
- Stop your home from being foreclosed if you repay your loan in full or agree to a settlement with the lender before your home is sold.
- Get notice at least 90 days before a foreclosure suit is filed against you.
- Look into "loss mitigation" options to keep your home and avoid a lawsuit. If you file a loss mitigation application, the mortgage lender cannot continue with the foreclosure until they review your application.
- Participate in all court hearings and proceedings about your case, including a settlement conference required by New York State law.
Homeowners are also protected by the following procedures:
90 Day Pre-Foreclosure Filing Notice: You have the right to get a notice from the lender at least 90 days before the foreclosure starts. The notice must :
- Say how much you have to pay to stop foreclosure
- List at least 5 non-profit housing counseling agencies near you
Answer to Complaint: If a lawsuit is filed, you can get legal advice. If you file an answer to the foreclosure complaint you will get notices and updates about your case.
Settlement Conference: The court must schedule a conference within 60 days after the lender files a lawsuit. The conference lets you:
- Negotiate with the lender
- Work out another solution
The lender must negotiate in “good faith.” This means they must act honestly and fairly.
I’m having trouble paying my mortgage. What can I do?
If you are struggling to make payment or have fallen behind, you may feel embarrassed or scared. But there are things you can do to save your home and protect your rights:
- Call your bank as soon as possible. The sooner you call, the more options you have.
- Use Empire Justice Center’s Web-based foreclosure guide. Follow the steps to protect yourself from foreclosure.
- Call the NYS Office of the Attorney General's Homeowner Protection Program (HOPP) hotline at 855-466-3456. HOPP is a statewide network of over 90 housing counseling and legal services organizations. They help homeowners in danger of foreclosure in every county in New York. All services are free.
- Contact a not-for-profit, approved Housing Counseling agency. These agencies can give you free or low cost advice and resources. They may be able to talk to your lender for you.
- Watch out for scammers.
- Visit HomeOwnerHelpNY for free help and accurate information.
For more information and resources, please visit the NYS Website.
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 and why can you be evicted?
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
- you don't follow the lease or rental agreement (violate the agreement), or
- the term of your lease comes to an end, or
- you don't have a lease and the landlord does not want to continue your month-to-month tenancy.
To evict you, your landlord must:
- Give you the appropriate notices,
- Start an eviction case in court,
- Go to court,
- Win the case, and
- Get a court order called a “Warrant of Eviction” and have a law enforcement agency serve you with it.
If you are worried, talk to your landlord to try to work out a solution.
My landlord is threatening to evict me. What are my rights?
Before your landlord evicts you, they must follow certain rules. The rules depend on the reason for the eviction. But remember, your landlord must get a court order before they can evict you or lock you out.
Eviction for not paying rent: If your landlord wants to evict you for not paying rent, they must tell you in writing - not verbally - that you have 14 days to pay the rent or move out. If you can’t pay in 14 days, you do not have to leave. The landlord cannot lock you or cannot kick you out. To evict you, the landlord must start an eviction in court.
Eviction for lease violation: If your landlord thinks you broke or violated your lease or rental agreement, read the lease carefully. It lists the steps a landlord must take before filing an eviction.
Eviction for ending your lease or month-to-month tenancy: If your landlord does not plan to renew your lease, or if you don't have a lease and your landlord is ending your month-to-month tenancy, the landlord must provide you with written notice. The notice must be anywhere from 30-60-90 days depending on how long you have lived there. If you do not leave, the landlord cannot kick you out. To evict you, the landlord must file an eviction in court.
If you are being evicted, you have the right to an attorney. You can show up to court where there may be a free lawyer who can help you.
After a hearing with testimony and evidence, if you are evicted by the court, you will receive a warrant of eviction from a law enforcement agency (sheriff, marshal, constable). Once received, you have 14 days to vacate the property. If you live in a mobile home, you have longer.
My landlord is raising my rent. What are my rights?
A landlord must provide written notice if they plan to raise your rent by 5% or more.
Can my landlord change the locks or lock me out?
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:
Can my landlord evict me for calling the police too many times?
No. All residents of New York State who believe that they are in need of police or emergency assistance have the right to call for help without fear of eviction or losing their homes.
For more information, please see the "Protections for Domestic Violence Victims" tab in this section.
Updated July 19, 2020
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
- 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.
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.
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 is 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 – as of 9/13/19, this is illegal. All crime victims have the right to call 911 without facing any penalty in housing. Towns that want to enforce nuisance ordinances now must notify residents and landlords and give them an opportunity to defend themselves.
If you live with someone who is abusing you, the landlord can remove the abuser from the property without evicting you.
Right to cancel cable, television, and phone contracts without fees
Victims of domestic violence have the right to cancel cable, cell, and landline telephone contracts without having to pay a cancellation fee. You must ask to terminate services in writing, and provide documentation within 6 months to prove your status as a victim of domestic violence. Documentation can include police report, orders of protection, and affidavits signed by a court employee, health care provider, domestic violence, social work, or rape crisis provider.
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
- 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.
For immediate help and to report a crime, call 911.
Visit the NYS Social Programs website for help with housing, food, unemployment assistance, and other services.
National Suicide Prevention Lifeline - confidential support for people in distress: 1-800-273-8255.
Adult Protective Services: 1-844-697-3505.
The New York State Hotline for Sexual Assault and Domestic Violence: 1-800-942-6906.
National Human Trafficking Hotline: Call 1-888-373-7888 (TTY: 711) | Text 233733