NYC Tenant Eviction Lawyer

We Fight New York Tenant Evictions

At the law firm of Himmelstein Gribben & Joseph LLP, in New York City, we represent tenants in rent-stabilized and rent-controlled apartments, cooperatively shared and individual-owner condominiums who face eviction, rent increases, maintenance issues and other infringements of their tenants’ rights. Our NYC eviction lawyers serve tenants throughout all New York boroughs.

Our New York attorneys can assist you or your tenants’ group in getting eviction protection and in asserting tenant rights.

• Evictions: The law provides eviction protections that your landlord may overlook, ignore or misrepresent to you. We can help you assert your eviction rights concerning subletting, assignment and occupancy issues. We can also represent you in eviction proceedings.
• Rent increases: Landlords often try to increase rents in rent-stabilized buildings for certain major capital improvements (MCI), such as replacing a boiler. However, there are legal limits and the increases must be justified.
• Maintenance issues: Building owners and managers have obligations to maintain their buildings. We can help ensure proper maintenance is done and that safety and habitability regulations are observed.

For more information, call our law firm to speak with an NYC eviction lawyer in Manhattan at 212-349-3000.

“We don’t evict anyone. All of our practice is tenant-landlord and real estate.” – The attorneys of Himmelstein Gribben & Joseph LLP

Protection from Holdover Proceedings

Landlords terminate tenant leases for all sorts of reasons. A landlord may not want to renew the lease, but the tenant does not want to leave. If the tenant stays longer, they are “holding over” on their lease.

Our lawyers work to protect tenants in the process of being evicted and in holdover proceedings. We can advise you on what your rights are and can work to keep you in your residence.

NYC Tenant Eviction Statistics

Tenant evictions in New York City are a pressing issue that affects thousands of residents each year. Understanding these statistics is crucial for tenants seeking to protect their rights and avoid wrongful evictions.

The Current Landscape of NYC Evictions

In recent years, the rate of evictions in NYC has fluctuated due to various economic, legal, and social factors. Data from the New York City Department of Housing Preservation and Development (HPD) and the Office of Court Administration reveal that:

• Pre-pandemic eviction rates: Before 2020, NYC landlords filed approximately 200,000 eviction cases annually, with around 20% resulting in actual evictions.
• Pandemic impact: During the COVID-19 pandemic, eviction moratoriums significantly reduced eviction filings. However, with the expiration of these protections, eviction filings have begun to rise again.
• Current trends: In 2023, eviction filings have reportedly increased by 25% compared to the previous year, particularly in neighborhoods with high percentages of rent-stabilized units.

Common Reasons for Evictions

The most common reasons for evictions in NYC include:

1. Non-payment of rent: This is the leading cause of eviction filings, particularly in areas where rents have risen faster than tenants’ incomes.
2. Lease violations: Issues such as unauthorized subletting or damage to the property often result in eviction actions.
3. End of lease term: Landlords may refuse to renew a lease to regain possession of a unit, especially in gentrifying areas.

Disproportionate Impact on Vulnerable Communities

Evictions disproportionately affect low-income households, communities of color, and families with children. Data indicates that tenants in Bronx and Brooklyn neighborhoods face the highest eviction rates in the city. Rent-burdened households—those spending more than 30% of their income on rent—are particularly vulnerable.

Legal Protections for NYC Tenants

New York City tenants benefit from some of the strongest tenant protections in the country, including:

• The Right to Counsel: Low-income tenants have access to free legal representation from an NYC eviction attorney in Housing Court.
• Rent Stabilization Laws: These laws limit rent increases and provide protections against arbitrary evictions.
• Good Cause Eviction Protections: While not yet statewide law, some NYC landlords must demonstrate “good cause” for eviction, such as failure to pay rent.

The Importance of Legal Representation

Tenants facing eviction are strongly encouraged to seek legal assistance. A tenant eviction rights lawyer in NYC can:

• Review the validity of the eviction notice.
• Represent tenants in Housing Court proceedings.
• Negotiate with landlords to prevent eviction or reach a settlement.

If you are facing eviction or want to learn more about your rights as a tenant in NYC, contact an experienced tenant eviction rights lawyer today.

Contact Our Trusted NYC Eviction Rights Attorneys

To discuss your situation with one of our NYC eviction attorneys, contact us online or by calling 212-349-3000. We represent clients across New York including Manhattan, Brooklyn, Bronx, Queens and Staten Island.

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Frequently Asked Questions

What steps must a landlord follow to legally evict a tenant in NYC?

In New York State, a landlord must follow a specific legal process to evict a tenant:

• Notice: The landlord must provide the tenant with a written notice specifying the reason for eviction. For non-payment of rent, this is typically a 14-day notice.
• Court Proceeding: If the tenant does not comply with the notice, the landlord must file a petition with the court to initiate eviction proceedings.
• Judgment: The court will hold a hearing, and if the landlord prevails, a judgment of possession will be issued.
• Warrant of Eviction: Following the judgment, the court will issue a warrant authorizing a sheriff or marshal to carry out the eviction.

Can a landlord evict a tenant without going to court?

No, in New York State, a landlord cannot evict a tenant without a court order. Self-help evictions, such as changing locks or removing a tenant’s belongings without legal authorization, are illegal. Only a sheriff, marshal, or constable can carry out a court-ordered eviction.

What are my rights if I receive a Notice of Eviction?

If you receive a Notice of Eviction, you have several rights:

• Proper Service: The notice must be served correctly, either personally, to a person of suitable age at the residence, or posted conspicuously on the premises with a follow-up by mail.
• Opportunity to Respond: You have the right to appear in court to contest the eviction and present your case.
• Legal Representation: You may seek legal assistance. New York City offers free legal services to tenants facing eviction, regardless of immigration status.

How long does the eviction process take in NYC?

The duration of the eviction process in NYC can vary based on several factors. The initial notice period can range from 14 to 30 days, depending on the reason for eviction. Scheduling and court availability can add several weeks to months. After a judgment, tenants typically have at least 14 days before a marshal can execute the eviction. Understanding these timelines can help tenants better prepare and protect their rights during the process.