What to do if you are unlawfully evicted? by Raysa Castillo, Esq. President Castillo & Associates, P.C. Wrongful evictions happen in this city, and it’s important to know your rights and what to do if you are facing a wrongful eviction. First, you must know how to recognize that your eviction was done illegally; merely owing rent, without a court process, is not a reason. New York law protects you from your landlord acting as a marshal, judge or jury. You are unlawfully evicted if the landlord (owner, managing agent, superintendent, doorman or primary tenant) has: - Used or threatened to use force to get you to vacate your home.
- Cut off essential services such as heat, electricity or water.
- Did something that interfered with the enjoyment of your home and that was meant to make you move out.
- Removed locks or changed the locks without giving you a copy of the new key.
- Removed your possessions from your home.
- Removed the door of the residence.
- Plugged (broke) the lock to the apartment or home, or otherwise made it inoperable.
Even if you are still in the home, you can be considered constructively evicted, if they are: - Using or threatening to use force to remove you.
- Denying essential services such as heat, electricity or water for the purpose of evicting you.
- Removing the entrance door.
- Removing your possessions.
What to do: Immediately call the police and write down the name or badge number of the police officer. If police insist that this is a civil matter, do not give up. Mention procedure #117- 11 from their guide and ask to speak with a sergeant or someone higher than the officer. Make sure to have your lease or receipts or bills handy to show the police. Go to Housing Court and do an Order to Show Cause to stop the actions of the landlord and to be restored to rightful possession of your home. You can request damages – monetary compensation – for the wrong against you. The law protects tenants in many circumstances. Don’t be a victim – stand up for your rights. The Manhattan Times is the bilingual newspaper of Washington Heights and Inwood.
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