Fight Illegal Evictions

If you’re renting or living in a dwelling in New York, you have rights when it comes to evictions.

It’s important to know that evictions must follow legal procedures, and if someone tries to remove you from your home without a court order 👩‍⚖️ carried out by the 👮County Sheriff, it could be an illegal eviction—which is a crime under New York law.  That includes constructive eviction such as turning off your utilities. 🔌💧🔥

If this happens, you should call the Police.  Additional information on how to contact the Police below.

If you need additional assistance, Please contact our Housing Counselors at You can reach us at Info@LIFairHousing.org or 631-567-5111 extension 301.

This guide explains what illegal evictions are, your rights as a tenant or occupant, and how law enforcement should respond.

What Is an Illegal Eviction?

An illegal eviction happens when someone, like a landlord, property manager, or even a roommate, tries to force you out of your home without going through the courts and the Sheriff.

Examples of illegal eviction include:

  • Changing your locks without giving you a new key.
  • Turning off essential services like heat, water, or electricity.
  • Physically causing you to move out
  • Threatening to physically cause you to move out
  • Removing your belongings from the home.
  • Harassing you to make you leave, such as constant banging on your door or repeated demands to vacate.

Who Is Protected by the Law?

The law protects most people living in residential spaces, including:

  1. Tenants with written or verbal leases: You’re covered even if you don’t have a lease in writing.
  2. Occupants living in a dwelling for 30+ days: This includes:
    • Tenants whose leases have expired.
    • Roommates or family members living with you.
    • Workers living in housing provided by their employer.

🗝Key Point: The law protects people who have lived in a place for 30 days in a row, even if you don’t pay rent or have a formal agreement. It also protects someone who has signed a lease for the home, even if they’ve stayed there for less than 30 days.

What to Do If You’re Illegally Evicted

If someone tries to evict you illegally:

  1. Call the police immediately: Illegal evictions are criminal offenses.
  2. Prove your residency: Show proof that you live there, such as:
    1. Lease agreements (written or verbal).
    2. Rent payment receipts or text messages about rent.
    3. Utility bills, mail, or other documents with your address.
  3. Ask to be restored to your home: The law requires landlords to let you back into your home if you’ve been unlawfully removed.
  4. Tenants can go to their local court to get help if they have been evicted unfairly. These courts include District Courts in places like Hempstead, Brookhaven, Islip, Babylon, Huntington, and Smithtown, as well as Long Beach, Glen Cove City Courts, smaller village courts, and town courts east of Brookhaven. The court can issue orders to protect tenants, such as stopping the landlord from renting to someone else or helping the tenant or family move back into their home.

What Law Enforcement Should Do

Police officers responding to illegal evictions should:

  1. Confirm if you are protected under the law (e.g., you’ve lived there 30+ days or have a lease).
  2. Direct Landlord to restore you to your home, including immediately restoring utilities.
  3. Take action against the person responsible for the illegal eviction, including arresting the landlord for failure to comply.
  4. Refer you to housing counseling agencies for additional help, if necessary.

Penalties for Illegal Evictions

Landlords, property managers, or others involved in illegal evictions can face serious consequences:

  • Criminal charges: Illegal eviction is a Class A misdemeanor.
  • Fines: Between $1,000 and $10,000 per violation, plus additional daily penalties until the tenant is restored.

Examples of Illegal Eviction Scenarios

  1. Locked Out: A landlord changes your locks without notice. This is illegal unless they have a court order.
  2. Utilities Cut Off: A landlord stops paying for water or heat to force you out. This is an illegal eviction.
  3. Belongings Removed: Your roommate throws your items onto the street. This is unlawful under the law.

Resources for Help

If you’re facing an illegal eviction:

Remember: Only a court can order an eviction and the County Sheriff can carry it out. If you’re being removed from your home without a court order, it’s illegal. Protect your rights and seek help immediately!