• If you have been residing in your apartment for more than 30 calendar days or have a signed occupancy or lease agreement, you cannot be evicted unless a housing court judge enters an eviction order. 

• This means your landlord or supportive housing program cannot change your apartment locks or prevent you from entering your building without an official eviction order from a judge even if you are “discharged” or “terminated” from your program.  

You can request an attorney during your first court appearance or by calling the AVP Hotline (212-714-1411) to connect you with our Legal Department or to provide you with referrals to other legal organizations. 

If you live in PERMANENT (unlicensed) supportive housing, including scattered-site and single site/congregate units: 

• You cannot be transferred to another unit without your consent.  

If you live in TRANSITIONAL (licensed) supportive housing, including Community Residence SROs, and Level II apartment treatment programs: 

• You have the right to receive a clearly written occupancy agreement from your provider.  

• You have the right to file a grievance against your supportive housing provider through their internal grievance procedure or by contacting the New York State Office of Mental Health at 1-800-597-8481. 

• You have the right to stay in your home unless you receive an Eviction Order signed by a Judge and delivered by a Marshal or Sheriff. 
• Your landlord cannot evict you verbally or through letters or notices that are not signed by the court. 
• If you receive a notice or paperwork and are unsure if it is an Eviction Order, call 311 and ask for the Tenant Helpline to get more information.  A notice to appear in court does not mean you have to leave your home.
• It is illegal for someone to shut off your utilities to try to get you to leave or as a punishment. You have the right to heat, hot water, and electricity. 

• If you signed a lease, you are protected against a lockout as soon as you move in. 

• You cannot be locked out or “discharged” from a program, even if you signed papers saying you are in a private treatment/ recovery/ other program. 

• If you did NOT sign a lease, you are protected against a lockout if you have lived in the same place for at least 30 days. 

Supportive housing is affordable housing managed by the NYC Human Resources Administration (HRA) that has on-site supportive social services for individuals and families who are homeless or at risk of homelessness. The two types of supportive housing are congregate (the entire apartment building) and scattered-site (individual rooms in the City-owned by private landlords). As a resident of supportive housing, you have the same rights in an eviction as any other tenant. 

• Call 911 right away. Lockouts are criminal behavior and a misdemeanor under the “illegal eviction law.” 
  • NYPD’s role is to protect the rights of a person who is being or has been unlawfully evicted. 
  • The NYPD may take action against someone trying to remove a tenant if they have probable cause to believe it is an unlawful eviction. 
  • The NYPD can keep the peace on the scene while you take steps to get back into your
    home. 

• Call 311 and ask for the Tenant Helpline to get a referral to a free legal service provider.
  • You can also call 311 and ask for HPD to report utility shut-offs. HPD should inspect and, where warranted, write a violation. 

• Go to the housing court in your borough (found here) to file an Order to Show Cause for emergency relief to be let back into your home.