How to Fight an Eviction in NYC

First: Understand That a Notice Is Not an Eviction

Many tenants panic when they receive an eviction notice and move out unnecessarily. A notice is not an eviction. Your landlord cannot physically remove you from your apartment without a court order. The process involves multiple steps and can take months or longer.

Types of Eviction Notices

• Non-payment notice (3-day notice): Claims you owe rent. You have 3 days to pay or dispute the amount.
• Notice to cure (10-day): Claims you violated your lease. You have time to fix the violation.
• Notice to quit (30-day or more): Asks you to vacate, often for no-fault reasons. Stabilized tenants have strong protections here.
• Holdover notice: Claims your lease has expired and you must leave.

The NYC Eviction Process

1. Landlord serves you with a written notice
2. If you don't comply, landlord files a petition in Housing Court
3. You are served with a court date (called an "index number")
4. You must appear in court on that date or a default judgment may be entered
5. A judge hears both sides and may order payment, repairs, or other remedies
6. Only if a judge rules against you AND issues a warrant of eviction can the marshal physically remove you

ALWAYS Go to Court

The most important thing you can do is show up to every court date. If you don't appear, the judge will likely rule in the landlord's favor by default. Housing Court Help Centers provide free assistance at every courthouse — staff can help you understand your rights and fill out paperwork.

Common Defenses

• Non-payment cases: You paid, landlord refused payment, amount is wrong, apartment is uninhabitable (withholding defense), landlord owes you a rent reduction
• Holdover cases: Improper notice, retaliation, discrimination, stabilized tenant succession rights
• Lease violation cases: Violation doesn't exist, you cured the violation, landlord waived the violation

NYC Right to Counsel

NYC's Right to Counsel law guarantees free legal representation in Housing Court for income-qualifying tenants. This is one of the strongest tenant protections in the country. A lawyer dramatically improves your chances of keeping your home.

• ✓Legal Aid Society: legalaidnyc.org
• ✓Legal Services NYC: lsnyclaw.org
• ✓Housing Court Answer Center: 212-962-4795
• ✓Mobilization for Justice: mfjlegal.org
• ✓NYC Right to Counsel Hotline: 212-298-4226

If You Owe Rent

If you genuinely owe back rent, the One Shot Deal program (through NYC Human Resources Administration) may provide emergency funds to help you pay rent arrears and avoid eviction. Apply at ACCESS HRA or in person at an HRA office.

Retaliation Is Illegal

If your landlord files eviction proceedings after you complained to 311, exercised your legal rights, or organized with other tenants, that is illegal retaliation. Tell your lawyer immediately — retaliatory evictions are a strong defense and can result in additional damages against the landlord.