This article provides general information about tenant rights and available legal resources in New York City. It is not legal advice. For advice specific to your situation, contact a qualified attorney or free legal aid organization.

Who This Helps: NYC renters facing eviction, harassment, withheld security deposits, or unsafe living conditions — especially those who cannot afford a private attorney.

New York City has some of the strongest tenant protection laws in the country. But those protections only work if you know about them and know how to use them. If you are facing eviction, your landlord has violated your rights, or you are trying to recover a security deposit that was wrongfully withheld, here is what you need to know — and where to get free help.

Your Right to a Free Lawyer in Housing Court

New York City was the first city in the United States to guarantee free legal representation for low-income tenants facing eviction in Housing Court. This right is established under Local Law 136 of 2017, which created the Universal Access to Legal Services program (also called the Right-to-Counsel law).

Who Qualifies

If you are a tenant facing an eviction proceeding in NYC Housing Court — whether it is a nonpayment case (unpaid rent) or a holdover case (eviction for a reason other than nonpayment, such as lease violation or owner use) — and your household income is at or below 200 percent of the federal poverty level, you have a right to a free attorney. Tenants in NYCHA administrative proceedings also qualify. This right applies regardless of immigration status. If you are over the income threshold, you still have the right to a free legal consultation or advice session.

How to Get Connected

You do not need to contact a legal aid organization before your first court date. When you arrive at Housing Court on your scheduled date, legal aid organizations are stationed at every NYC Housing Court location to meet with tenants. Ask the court clerk or court attorney in your courtroom for help connecting with a legal service provider. You can also call ahead:

• Legal Aid Society Housing Hotlines:
  • Manhattan: (212) 426-3000
  • Brooklyn: (718) 722-3100
  • Bronx: (718) 991-4600
  • Queens: (718) 286-2450
  • Staten Island: (347) 422-5333
• Legal Services NYC: (917) 661-4500, Monday through Friday, 9:30 a.m. to 4 p.m. | legalservicesnyc.org
• HRA Office of Civil Justice (OCJ) Hotline: (718) 557-1379 or (212) 962-4795, Monday through Friday, 9 a.m. to 5 p.m.
• NYC Courts Right-to-Counsel information: nycourts.gov

NYC Human Resources Administration (HRA)

HRA funds free legal representation through its Office of Civil Justice for tenants facing eviction, landlord harassment, and immigration legal issues. Learn more at nyc.gov/site/hra — Legal Services for Tenants.

If Your Landlord Is Harassing You

Tenant harassment is illegal in New York City under the NYC Administrative Code. Harassment includes threatening or intimidating tenants, interrupting essential services (heat, hot water, electricity), entering your apartment without proper notice, or using construction as a pretext to make a tenant’s life unbearable. If you are experiencing harassment:

• Document everything with dates, photos, and written records of communications
• File a complaint with the NYC Department of Housing Preservation and Development (HPD): call 311 or visit nyc.gov/hpd
• Contact Housing Court Answers for free guidance on navigating the court system: housingcourtanswers.org
• Call the New York Legal Assistance Group (NYLAG) Tenant Rights line: nylag.org/tenants-rights

Getting Your Security Deposit Back

New York State law — specifically Real Property Law Section 7-108 (as amended by the Housing Stability and Tenant Protection Act of 2019) — strictly governs security deposits. Here is what your landlord is required to do and what you can do if they do not comply.

Your Landlord’s Legal Obligations

• Within 14 days of the date you vacate the apartment, your landlord must provide you with an itemized written statement of any deductions from your deposit, along with any remaining balance returned to you.
• If the landlord fails to provide this statement and return within 14 days, they forfeit the right to retain any portion of your security deposit under New York law.
• Security deposits for tenants paying less than $10,000 per month are capped at one month’s rent.
• Your landlord must keep your security deposit in a separate, interest-bearing account and cannot commingle it with their personal funds.

Step 1: Send a Written Demand Letter

If more than 14 days have passed since you vacated and you have not received your deposit or an itemized statement, send a written demand letter via certified mail. State your move-out date, note that the 14-day deadline has passed, and cite New York Real Property Law Section 7-108. Set a deadline (typically 10–14 days) for the landlord to respond. Keep a copy of the letter and your certified mail receipt.

Step 2: File in Small Claims Court

If the landlord does not comply, you can file in New York City Small Claims Court to recover your deposit. Small Claims Court can award judgments up to $10,000. The filing fee is between $15 and $20 (depending on the amount claimed). You do not need a lawyer — Small Claims Court is specifically designed for people to represent themselves.

• Find your nearest Small Claims Court at nycourts.gov
• Or call (646) 386-5696 for NYC Civil Court information
• NYC Bar Association guide to Small Claims Court: nycbar.org

Step 3: File a Complaint with the NY Attorney General

The New York State Attorney General’s office handles complaints about security deposit violations. You can file a complaint online at ag.ny.gov or by calling (800) 771-7755.

Emergency Rent Help and Eviction Prevention

If you are behind on rent and worried about eviction, do not wait for a court notice to seek help. Several city and state programs provide emergency rent assistance:

• NYC HRA Emergency Rental Assistance: Apply through HRA or call (718) 557-1399. Eligibility and funding levels change — verify current availability at nyc.gov/hra.
• 311: Ask about emergency housing assistance programs available in your borough
• Housing Court Answers: Free information and assistance even before you have a court date — housingcourtanswers.org or call (212) 962-4795
• Homeless Prevention Hotline (if at risk of homelessness): (800) 994-6494

Additional Free Legal Resources

• NYC Rent Guidelines Board — Legal Assistance directory: rentguidelinesboard.cityofnewyork.us
• LawHelpNY.org: Statewide directory of free legal services by zip code — lawhelpny.org
• NYS Attorney General — Tenant Rights Guide: ag.ny.gov
• HPD Tenant Rights Legal Assistance: nyc.gov/hpd
• NYC Bar Association Lawyer Referral Service: (212) 626-7373 — offers reduced-fee initial consultations

How to Take Action — Right Now

• Facing eviction: Call the Legal Aid Society in your borough (numbers above) or HRA at (718) 557-1379. Show up to your first court date — legal aid will be there.
• Security deposit withheld: Send a certified mail demand letter today. File in Small Claims Court if no response within 14 days. File a complaint at ag.ny.gov.
• Landlord harassment or unsafe conditions: Call 311 to report to HPD. Document everything in writing.
• Behind on rent: Call 311 or (718) 557-1399 (HRA) to ask about emergency rental assistance before your landlord files in court.
• Not sure what to do: Start at housingcourtanswers.org or call (212) 962-4795 — they help tenants at every stage.

New York City law is on your side — but only if you use it. Free legal help exists. You do not have to face your landlord alone.

This is general information about tenant rights, not legal advice. Contact a qualified attorney or one of the free legal aid organizations listed above for advice specific to your situation. Immigration status does not affect your eligibility for Right-to-Counsel representation in Housing Court.