Landlord harassment is illegal in New York City. If your landlord is taking actions designed to force you out of your apartment — cutting services, making threats, entering without notice, filing frivolous court cases, or making your home unlivable — you have legal remedies that can stop the behavior and compensate you for what you’ve endured. This guide explains what legally constitutes harassment, how to document it, and how to fight back.
What Is Landlord Harassment Under NYC Law?
NYC Administrative Code § 27-2005 defines landlord harassment as any act or omission by a landlord that is intended to cause a tenant to vacate their home or waive any rights to which they are entitled. Specific conduct that qualifies as harassment includes:
- Using force or threats of force against a tenant
- Repeatedly contacting a tenant at unreasonable hours or in a manner that constitutes harassment
- Removing possessions from the apartment or changing locks without authorization
- Interfering with or discontinuing essential services (heat, hot water, electricity, gas, elevator)
- Commencing repeated baseless court proceedings against a tenant
- Threatening a tenant based on their immigration status
- Engaging or hiring someone to harass a tenant
- Removing the contents of an apartment
- Failing to maintain the premises in a habitable condition intentionally or with reckless disregard
- Offering money to a tenant to vacate where the offer is not made in good faith
The 2019 Housing Stability and Tenant Protection Act significantly strengthened harassment protections and increased penalties for landlords who engage in it.
Document Everything — This Is Non-Negotiable
Harassment cases live or die on documentation. The moment you recognize a pattern of harassment, begin keeping a detailed written log:
- Date, time, and description of every incident — what happened, what was said, who was present
- Save all written communications — texts, emails, notes slipped under the door, certified letters
- Photograph conditions — disrupted services, construction debris, changed locks, removed fixtures
- Note witnesses — neighbors, building staff, anyone who observed the conduct
- Save all court papers if your landlord is filing cases against you
The more contemporaneous and specific your records are, the stronger your case will be.
How to Report Landlord Harassment
File an HPD Complaint
Call 311 and report the harassment. HPD can receive harassment complaints and may send an inspector. HPD can issue violations for harassment, which become part of the building’s official violation record. File a new complaint for each incident — frequency matters.
File a Complaint with the NYC Office to Protect Tenants (OPT)
NYC’s Office to Protect Tenants (OPT), operated by the NYC Department of Investigation, investigates landlord harassment and fraud. You can file a complaint online at nyc.gov/opt or call 311 and ask for OPT. OPT has authority to refer cases for criminal prosecution and civil enforcement.
File a Harassment Petition in Housing Court
You can file a harassment petition in NYC Housing Court under NYC Admin Code § 27-2005. If the court finds that harassment occurred, it can issue an order:
- Directing the landlord to stop the harassing conduct
- Imposing civil penalties of up to $15,000 per finding of harassment (higher for repeat violations or egregious conduct)
- Awarding you damages for harm suffered
- Ordering the landlord to restore any services that were discontinued
You can file a harassment petition yourself at the housing court clerk’s office, but legal representation significantly improves outcomes — contact Legal Aid Society or Legal Services NYC.
Use Harassment as a Defense in Housing Court
If your landlord has brought an eviction case against you, you can raise harassment as an affirmative defense and counterclaim. A court finding that the eviction proceeding itself was part of a pattern of harassment can result in dismissal of the landlord’s case and a judgment against the landlord.
Special Protections: Harassment Based on Immigration Status
Under NYC law, it is illegal for a landlord to threaten a tenant with reporting them to immigration authorities, use a tenant’s immigration status to intimidate them, or take any action designed to force a tenant out based on their immigration status. This form of harassment carries enhanced penalties and can be reported to the NYC Commission on Human Rights at (212) 416-0197 in addition to HPD and OPT.
Retaliatory Harassment
If your landlord began harassing you after you filed an HPD complaint, requested repairs, organized with other tenants, or exercised any other legal right, there is a legal presumption of retaliation if the harassment began within 90 days. Retaliatory harassment carries its own remedies under both the Administrative Code and Real Property Law § 223-b.
Free Help
- 311 / HPD: File harassment complaints
- NYC Office to Protect Tenants: nyc.gov/opt
- Legal Aid Society: (212) 577-3300
- Legal Services NYC: (917) 661-4500
- NYC Commission on Human Rights (immigration harassment): (212) 416-0197
- Met Council on Housing: (212) 979-0611
Frequently Asked Questions
My landlord keeps entering my apartment without notice. Is that harassment?
Under NYC law, a landlord must provide reasonable notice (typically 24 hours) before entering your apartment except in a genuine emergency. Repeated unauthorized entry can constitute both a lease violation and harassment. Document every incident with date and time, and send your landlord a written notice demanding compliance with proper entry procedures.
My landlord is doing construction that makes my apartment unlivable. Is that harassment?
Construction harassment — creating dust, noise, blocked access, or unsafe conditions to drive out tenants — is a recognized form of landlord harassment in NYC. File with HPD (311), file a harassment petition in housing court, and contact the NYC Office to Protect Tenants. Document all conditions with photos and a written log.
My landlord threatened to report me to immigration if I don’t leave. What are my options?
This is illegal landlord harassment under NYC law and potentially a federal crime (witness tampering and extortion). File complaints with HPD, the NYC Commission on Human Rights (212-416-0197), the NYC Office to Protect Tenants, and contact Legal Aid Society immediately. You do not have to leave, and this threat may expose your landlord to serious civil and criminal liability.
How much can I recover if my landlord is found to have harassed me?
Civil penalties for landlord harassment range up to $15,000 per violation finding, with higher amounts for repeat violators or egregious conduct. You may also recover actual damages for harm suffered — cost of temporary housing, medical treatment for stress-related conditions, and other documented losses.
