This Tenant Toolkit consists of 10 Sections, and is an integral conponent of BUILDING TENANT POWER WITH BHIP, a collaborative project with Bushwick Housing Independence Project. It was developed by Parsons MS Design and Urban Ecologies Class of 2025.
Section 01: Know Your Rights has been developed by : Leah Roy
YOUR RIGHTS
RIGHT TO FAIR HOUSING :
Regardless of your gender identity, ethnicity and nationality, age, faith, level of income, physical limitations, or sexual orientation, you have the right to rent in New York City. The right to fair housing prevents landlords from refusing accommodation based on these factors.
Tenants with disabilities can ask their landlords to provide reasonable accommodations. This can include installing mobility aids in the house, allowing a service animal in a no-pets rental, or a parking space close to the entrance. The landlord is responsible for covering the costs as long as they are reasonable.
SEE SECTION 2&3
RIGHT TO HEATING AND HOT WATER :
You have the right to have access to hot water year-round (at 120°F). Heat must always be provided through the “cold season” between October 1st and May 31st. Whereas during “heat season”, your apartment should be heated to at least 68°F from 6 a.m. to 10 p.m. when it’s below 55°F outside. At night (from 10 p.m. to 6 a.m.), it should be kept at a minimum of 62°F.
SEE SECTION 4
HARASSMENT AND RETALIATION :
Landlords are prohibited from harassing or retaliating against tenants who assert their rights. For example, suppose you have brought up a maintenance problem to the authorities after your landlord has refused to address it. In that case, the landlord can’t evict or intimidate you into ending the lease early.
SEE SECTION 5
RIGHT TO PRIVACY :
Your landlord can only enter your rental unit with a 24-hour notice in case of inspection and 1 week in case of repairs. Any emergencies that require the landlord’s presence are exempted from this rule (e.g., a gas leak).
RIGHT TO LIVE IN SAFE CONDITIONS :
Under NYC’s “Warranty of Habitability,” tenants are entitled to safe living conditions, including:
- No pests or vermin
- Working ventilation, heating, and hot water
- Intact pipes, ceilings, and gas appliances
- No wall, ceiling, or floor damage
- No lead paint or mold
- Functional windows and locks
- Grounded electrical systems
Landlords must ensure these conditions are met and provide agreed-upon amenities, like washing machines.
RIGHT TO DAY IN COURT :
Your landlord must prove their case in a court hearing to evict you. Legal representation is available regardless of your ability to pay for it. SEE SECTION 6&7
RIGHT TO SECURITY DEPOSIT :
In New York City, tenants have to pay 1 month’s rent as a security deposit. After the termination of the lease, the landlord has to return your deposit within 14 days from the end of your contract. If the last day falls on a weekend or public holiday, the deposit can be returned the next business day. If any repairs are claimed, your landlord must provide a report with all the work and costs involved. Check out our NYC security deposit laws guide to learn more about the process and your rights.
RIGHT TO ORGANIZE :
You have the right to organize a tenants’ association in your building to advocate for your rights as a tenant. SEE SECTION 8
RIGHT TO SUBLETTING :
You can sublet your rental unit with your landlord’s permission. Tenants in a privately owned building with 4+ apartments can sublet for at least 30 days, regardless of what’s stated in the contract.
UNDERSTANDING THE TERMS OF YOUR LEASE:
UNDERSTANDING YOUR LEASE :
The tenant rights we outlined above apply to you, even if they aren’t included in the rental agreement. But there are a few things you need to ensure are included in the lease agreement, as otherwise, proving responsibilities and rights becomes difficult.
Before signing the Lease, make sure that your monthly rent is broken down into base costs and bills (if the utilities are included), the amount of the security deposit, a description of the property and the amenities it comes with, clauses for an early end of the lease, property and building rules, and who is responsible for what repairs. Keep in mind that once you’ve signed, changes to the lease agreement can be made only if both parties agree. Your lease is valid if it is written or oral but we recommend always having a written agreement as it clearly outlines the conditions and terms of your agreement.
ANNUAL RENTAL INCREASES :
Annual rental increases are common regardless of where you’re renting. When it comes to renting in NYC, there are 2 types of units: free-market buildings and rentstabilized units.
RENTING IN A FREE-MARKET BUILDING :
If you’re renting in a free-market building, there isn’t a limit to how much your rent can be increased (usually between 5% and 10%). But it can be increased only when your lease ends. Depending on how long you’ve been renting the place, your landlord has to provide you with a notice. For rental increases over 5%, the notice is either 30 days (less than 1 year), 60 days (between 1-2 years) or 90 days (over 2 years).
RENT INCREASES IN RENT-REGULATED UNITS :
There are 2 types of rent-regulated units: rent-stabilized and rent-controlled. Most properties in NYC are rent-stabilized. For an apartment to be rent-controlled, the tenant should have moved in before July 1, 1971.
Rent-stabilized units are apartments located in properties:
Built between February 1947 and December 1971, which have 6 or more units
Built or restored after January 1974, which have 3 or more units.
If you live in a rent-stabilized unit and have a 1-year agreement, your rent can be increased only by 3%. But if you have a 2-year agreement, your rent can be increased by 2.75% in the first year and 3.20% in the second year. These guidelines apply to agreements commenced between October 1, 2023, and September 30, 2024.
02 RENTAL HOUSING
1 RENT
2 RENTING IN BUSHWICK
3 THE RENT GUIDLINES BOARD
NAVIGATING BUSHWICK’S RENTAL MARKET
This Tenant Toolkit consists of 10 Sections, and is an integral conponent of BUILDING TENANT POWER WITH BHIP, a collaborative project with Bushwick Housing Independence Project. It was developed by Parsons MS Design and Urban Ecologies Class of 2025.
Section 02: Rental Housing has been developed by : Rhaynae Lloyd
69% of New Yorkers rent their homes!
Only HALF of the apartments in NYC are rent regulated as of 2023.
Publicly listed apartments available for leasing citywide rose to a record high level in 2023:
$3,500 per month
That’s $42,000 per year
A household would need to earn $140,000/year or more to not be rent-burdened. This income level is nearly double the median NYC household income level in 2022.
1 Stein, Oksana MironovaSamuel. “Our Fast Analysis of the 2021 New York City Housing and Vacancy Survey.” Community Service Society of New York. https://www.cssny.org/news/ entry/our-fast-analysis-of-the-2021-new-york-city-housing-andvacancy-survey.
“Housing in New York City is becoming simultaneously more expensive and less habitable.”
This has led to the majority of New Yorks being rent burdened, with rent consuming over 50% their income
NY’s housing crisis has been driven by the prioritization of profit over people. The real estate business has completely taken over the housing market, with little to no limitations on how they run it.
The few market protections tenants have such as rent regulation and the 80/20 program are contantly being challenged by greedy landlords and taken advntage of by property developers.
New York’s rent regulation system encompasses both rent controlled and rent stabilized units. The system was created under the Emergency Price Control Act, where the federal government established a price regulation system nationwide in response to the prospect of wartime shortages and inflation.
Tenats under rent regulation can often face harassment and eviction threats from landlords who want to list their unit at market price.
Learn more in: Predatory Landloards and Tenant Harassment
In the 80/20 Program, the Housing Finance Agency (HFA) offers tax-exemptions to new housing developments in which at least 20% of the units are meant to be set aside for households with very-low to low Area Median Income (AMI)
Does it work?
No! Most “affordable” units serve the 6080% AMI group, meaning these “affordable” rental units can be upward of $2000 just for a 1 bedroom.
Market Rate Housing can be divided into 2 categories:
units are at the mercy of the private real estate market, meaning their prices are set at whatever brokers feel the market can bear.
Unregulated and Regulated
units are available on the private market, but rent increases and lease renewals are regulated by both New York State and New York City Rent Guidlines Board. Besides the benefit of rent increases that are set by a government agency, tenants in rent regulated housing also have more legal protections than those living in market rate housing.
In New York City, rent control operates under the Maximum Base Rent (MBR) system.
Rent control includes these protections:
• Limits the rent an owner may charge for an apartment
• Restricts the right of any owner to evict tenants.
• Tenants can “succeed” a lease if they had lived with the original leaser for the two-year period immediately preceding their passing or departure from the apartment.
Rent control only applies if you, or your family unit, been in continuous occupancy prior to July 1, 1971. When a unit under rent control becomes vacant, it falls under rent stabilization.
Tenants may file relevant complaints on a variety of forms created by Divsion of Housing and Community Renewal. DHCR is required to serve the complaint on the owner, gather evidence and then can issue a written order which is subject to appeal.
Rent Stabilization includes these protections:
• Limitations on the amount of rent increases.
• Tenants are entitled to have their leases renewed, and may not be evicted except on ground allowed by law. Learn more in: Understanding Eviction
• Leases may be renewed for a term of one or two years, at the tenant’s choice.
• Tenants can file relevant complaints on a variety of forms created by the DCHR. DHCR is required to serve the complaint on the owner, gather evidence and then issue a written order which is subject to appeal.
Rent stabilized apartments can be found on market, and also include buildings that recieve J-51 or 421-a tax benefits.
Learn more in: Section 5- Writing Letters
421-a. New construction of multiple dwellings on previously vacant or lots improved with a non-conforming use three years prior to the start of construction. Construction must have started no later than DEC 31,2015. Projects that commenced between JUN 15, 2015 and DEC 31, 2015 must have been completed on or before DEC 31, 2019.
J-51. As-of-right tax exemption and abatement for residential rehabilitation or conversion to multiple dwellings. This Program has Expired for work completed after JUN 29, 2022
2 What is affordable housing? https://welcometocup.org/assets/images/ What_Is_Affordable_Housing_Guidebook_English.pdf.
3 City of New York. https://www.nyc.gov/.
Developers in New York City have to make 20% of the units in a development affordable to families earning 50% or less of AMI. they also have the option to make 25% of units affordable for families at 60% OR 15% of units affordable for families at 40% AMI.
AREA MEDIAN INCOME (AMI)
Area Median Income (ami) is a statistical measure to determine affordable housing eligibility. AMI represents income in the middle of the distribution
$38,780 (2021) 45% very low-income
Breakdown
How is reflected in Bushwick?
Homeownership:
Severe Overcrowding Rate: 4% 15% rent burden
Median Rent: $2,000 approx. 100% AMI moderate income
Rental Units at... occurs when more than 30% of your income goes towards rent
A way to protect yourself from predatory landlords is to KNOW YOUR LEASE!
Leases under rent stabilization should include the following:
• Upon the face of each lease, in bold print, in English and any other language as required by the DHCR language access plan, shall appear the following: “Attached rider sets forth rights and oblications of tenants and landlords under the rent stabilization law.”
• One- or two-year leasing term, at the tenant’s option
• Each tenant signing a vacancy or renewal lease should be provided with a form that has been provided or approved by the Division of Housing and Community Renewal (DHCR) describing the rights and duties of owners and tenants as provided for under the Rent Stabilization Law (RSL).
• The above form should also include a detailed description in a format as prescribed by DHCR, of how the rent was adjusted from the prior legal rent.
Congrats!
You found a rent stabilized apartment.
What now?
New York City Lease Rider and ETPA standard ... Accessed April 28, 2024. https://hcr.ny.gov/system/files/documents/2020/10/ fact-sheet-02-10-2020_0.pdf.
At the signing of a lease, owners of rent stabilized apartments may charge a rent increase based on guidelines that are annually established by the applicable Rent Guidelines Board. Owners may also collect a rent increase if they received an order from DHCR granting said increase for apartment improvments- Major Capital Improvement (MCI), or if the tenant and owner agreed to the increase for an Individual Apartment Improvement (IAI). If the apartment is vacant at the time that the IAI was made, the owner does not need tenant consent to increase the rent.
Such rider shall also set forth that the tenant may, within 60 days of the execution of the lease, require the owner to provide the documentation directly to the tenant supporting the detailed description regarding the adjustment of the prior legal rent. The owner shall provide such documentation within thirty days of that request.
Lease Renewal: Rent Increases
The Rent Guidlines Board
9 = 2 + 2 + 5
The RGB consists of nine members, all of whom are appointed by the Mayor. Two members are appointed to represent tenant interests. One of these serves a two-year term, and the other a threeyear term. Two members are appointed to represent owner interests, one serves a two-year term, and the other a threeyear term. Five members (including the chairperson) are appointed to represent the general public. One of these serves a two-year term, another a three-year term and two serve four-year terms. The chairperson serves at the pleasure of the Mayor. All members are required to be residents of the City and must remain residents during their period of service. Each public member must have had at least five years experience in either finance, economics or housing. No member may be an employee or officer in any state or municipal rent regulation agency. Nor can any member own or manage rental property affected by the Board’s orders or be an officer in any owner or tenant organization. The chairperson may hold no other public office. All members take an oath of office.
Board members are “public servants” but not “regular employees” and because the agency they serve is the Rent Guidelines Board and not the executive branch of city government, the application of certain of the rules is limited. To illustrate, an RGB employee may not have a business interest in a vendor that supplies and services copying machines to any city agency, but this would not create a conflict for an RGB member so long as the RGB did not utilize that vendor’s services.
Upon appointment and during each year of service, Board members are required to complete a financial disclosure statement. The general purpose of this statement is to ensure that Board members do not hold any interests which conflict with their duties as Board members or which would otherwise create an appearance of impropriety.
VACANCY
Rent stabilized apartments where the owner receives J-51 or 421-a tax benefits may become deregulated upon vacancy.
Rent controlled apartments are subject to decontrol upon vacancy unless the outgoing rent controlled tenant was forced out through harassment. However, many decontrolled apartments will fall under rent stabilization.
If the apartment is in a building with six or more units, the landlord can initially charge whatever the market will bear, subject to the tenant’s right to file what is known as a “Fair Market Rent Appeal.”
However, if the apartment is in a building with fewer than six units, the apartment will most likely no longer be under any rent regulation.
DEREGULATION
There are many instances where an apartment can become deregulated and enter the market.
TAX ABATEMENTS
Under certain circumstances, apartments in 421-a buildings may become deregulated at the end of the last lease commencing during the period of the tax abatement. This is the only instance in which an apartment
2 “Homes and Community Renewal Home Page.” Homes and Community Renewal. Accessed April 28, 2024. https:// hcr.ny.gov/.
3 City of New York. https://www.nyc.gov/.
4 “Renting 101.” R New York. https://www.wernewyork.com/Home/
This is the only instance in which an apartment may become deregulated while tenant is still in occupacy
If your landlord is trying to illegally deregulate your apartment, SEE SECTION 5
WHO OWNS YOUR BUILDING?
Landlord
An individual who owns residental property and rents it out to tenants
These individuals must ensure that buildings are safe, clean and well maintained, in both common areas and in individual apartments. Among other responsibilities, owners must provide and maintain security measures, heat, hot and cold water, and good lighting.
LLC’s have the same responsibilities to tenants as individual landlords, and can be held accountable for housing violations just as well. The only difference is that when legal trouble arises, the company as a whole will be blamed instead of one individual
New York City Housing Authority (NYCHA)
Provides affordable housing for low- and moderate-income New Yorkers. NYCHA is home to 1 in 17 New Yorkers, providing affordable housing to 528,105 authorized residents through public housing and Section 8 housing
Tenant Shareholder
A cooperative (co-op) is a building which is owned by the tenant-shareholders of the building. Each tenant-shareholder owns a number of shares in the corporation allocated to their apartment, but does not own the apartment itself. The tenantshareholder has the right to occupy the apartment as their home by holding a proprietary lease to that apartment. If you choose to rent a co-op, you are subletting from a tenant-shareholder, who in turn becomes your landlord.
LLC
A limited liability company (LLC) is a business structure that offers limited liability protection and pass-through taxation. The LLC legally exists as a separate entity from its owners. Therefore, owners cannot typically be held personally responsible for the LLC's debts and liabilities.
New York State Homes and Community Renewal (HCR)
HCR provides financing for the new construction, preservation, rehabilitation, and adaptive reuse of rental housing affordable to households from 30% to 130% of Area Median Income that advance one or more of the State's specific Housing Priorities.
HCR finances the redevelopment or preservation of Mitchell-Lama Housing units statewide supervised by either New York City or New York State.
HCR also partners with non-profit organization to provide afforadble housing to low-income families and individuals. For example, Riseboro, a non-profit in Brooklyn, owns affordable residential buildings.
SO, WHAT IS AFFORDABLE HOUSING?
AND HOW CAN I FIND IT + APPLY?
Affordable housing is defined as spending no more than 30% of your income on your housing.
We’ve already discussed some affordable housing options such as:
MORE AFFORDABLE HOUSING OPTIONS INCLUDE:
Section 8
these programs have reached capacity and ar no longer accepting applications
Mitchell-Lama provides affordable cooperative and rental housing to moderate/ middleincome families.
Inclusionary Zoning
Voluntary
A development may receive a density bonus in return for the new construction, substantial rehabilitation, or preservation of permanently affordable housing.
Mandatory
Requires a share of new housing in medium- and high-density areas that are rezoned to promote new housing production to be permanently affordable.
Section 8, also known as the Housing Choice Voucher (HCV) program, provides federal funding for subsidies for that help eligible low-income families.
Tenant Based Vouchers
Eligible households lease apartments in a neighborhood of their choice and pay 30% of their adjusted income toward rent.
Project Based Vouchers
HPD enters into a contract with the owner for specified units and for a specified term. Unlike the tenant-based program, the assistance is tied to the unit.
Enhanced Vouchers
Also known as “tenant protection” or “sticky” vouchers. They are used to preserve affordability for eligible households residing in buildings undergoing housing conversion actions such as mortgage prepayments, project-based opt-outs, HUD enforcement
1 “Homes and Community Renewal Home Page.” Homes and Community Renewal. Accessed April 28, 2024. https://hcr.ny.gov/.
2 City of New York. https://www.nyc.gov/.
AFFORDABLE
HOUSING - HOW TO APPLY ?
This Tenant Toolkit consists of 10 Sections, and is an integral conponent of BUILDING TENANT POWER WITH BHIP, a collaborative project with Bushwick Housing Independence Project. It was developed by Parsons MS Design and Urban Ecologies Class of 2025.
Section 01: Reasonably Priced Utilities has been developed by : Leah Roy.
LEARN ABOUT YOUR AFFORDABLE HOUSING OPTIONS 1
Getting ready to apply for affordable housing takes time—and it means more than just filling out paperwork. This guide will help you get organized so you can put together a strong application.
What is affordable housing?
Housing is usually considered affordable if it costs about one-third or less of what the people living there make. Different kinds of affordable housing are availablefor families with different incomes.
In this guide, “affordable housing” means apartments that are part of government affordable housing programs. It focuses on housing subsidized by the New York City Department of Housing Preservation and Development (HPD) and Housing Development Corporation (HDC). The information in this guide will help you improve your application for many different kinds of affordable housing programs and for housing on the private market.
See SECTION 2
If you are :
2/3 of income for everything else (or less)
1/3 of income for rent (or less)
Who qualifies for AFFORDABLE HOUSING?
You must be at least 18 years old.
You’ll probably need a Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN).
New York City residents usually have priority for HPD and HDC housing.
Your income needs to be in a specific range, which changes depending on how many people live with you, and is set by each housing program.
NOTE:
Restrictions on the use of credit scores, personal assets and recognizing special challenges residents of homeless shelters face ensure that affordable housing reaches those New Yorkers most in need
GET READY TO APPLY 2
You can improve your application with a few important steps. But these steps can take months to complete - Get started today !
Know your credit history
Landlords can’t disqualify you based on your credit score alone, but they may check your credit history. Make sure the information in your credit report is correct, and take steps to improve your credit score, if you need to.
Get your free credit report at https://tinyurl.com/mv5c4v6j
Fix errors on your credit report by filing a request online, by phone, or by sending a letter to the credit reporting company.
Get help understanding your credit report and learn how to improve your credit score from a free, professional financial counselor. www.nfcc.org
Know your Housing Court History
Landlords may check to see if you’ve been taken to Housing Court or evicted. Check your history ahead of time so you can address any issues, and be ready to answer questions if they come up.
Find and print a record of your history on public computers available at Housing Court locations. Go to https://tinyurl. com/39rc9bev/ for locations and more information.
Clear up judgments against you by asking for help from a lawyer at Housing Court, or visit https://tinyurl. com/4vmnvjuw for information on getting legal help.
Start Saving
You should save at least two months’ rent to cover the first month and security deposit. You might want to save even more to cover your moving expenses.
Start saving for your move by finding a savings account that earns interest with a bank or credit union.
If you have an IDNYC card, you can use it to open an account at many banks and credit unions. Go to: www.nyc.gov/ site/idnyc/benefits/banks-and-creditunions.page to find out where.
For help creating a budget, saving, or opening a bank account, visit an NYC Financial Empowerment Center. For information, go to www.nyc.gov/site/ dca/index.page or call 311 and ask to make an appointment at an NYC Financial Empowerment Center.
NYC Financial Empowerment Centers provide FREE one-on-one professional financial counseling and coaching to support you in reaching your goals. Work with our counselors to:
-Create a budget.
-Establish or improve credit.
-Set up a spending plan.
-Open a safe and affordable bank account.
-Contact lenders about debt, including student loans. Learn more about student loans at www.nyc.gov/StudentLoans
-Develop a strategy to reduce debt or lower payments.
-Access emergency government resources.
-Separate personal and business finances.
To strengthen your credit score : https://tinyurl.com/3usjxwnv
GET READY TO APPLY
Once you’ve started working on your credit, Housing Court history, and savings, start applying for affordable housing!
Set up your Housing Connect profile
The first step in applying for affordable housing is to create a Housing Connect profile at: https://tinyurl.com/49tawwh6
You’ll need information about the incomes of everyone who will live in the apartment.
INCOME
Income includes money you make from a regular job, owning your own business,and/or part-time work. It also includes other money you get from workers’ compensation, the government (like Social Security or public assistance), and certain payments from investments and retirement.
Most of this information will be on the tax return you filed last year.
If you work for someone else, include the amount you are paid before taxes (called “gross income”). If you work for yourself, include the amount you make after taxes and other deductions (called “net income”).
If you need more help understanding what counts as income, check out HPD’s income guide for affordable housing applicants: https://tinyurl.com/m7dms3nc
After the screening interview…
You might have to do some follow-up steps to make sure your application is complete. After that…
Your application might be accepted. You’ll have to go through a few more steps before you decide if you want to sign a lease.
You might be put on a waitlist, which can last up to two years. The agent might contact you to update your information. Contact them if you want to be removed from the list.
You might get a rejection letter saying you don’t qualify and the reason why. If this happens, you have the right to appeal. This means you’ll get a chance to explain why you think the decision was not correct.
If you want to appeal, act quickly you only have 10 business days from the date of the postmark of the letter to submit an appeal!
Submit a letter to the building agent explaining why you think you shouldn’t have been turned down. Include any documents that support your appeal. The rejection letter will tell you where to send it.
The building agents will review your appeal and send you a letter with the outcome.
If the appeal is successful, you’ll either receive an approval letter or be put on the waitlist.
If your appeal fails, expect a rejection letter. If you believe there’s a mistake, contact HPD or HDC within five business days, including an explanation. The letter will specify the agency and contact details.
If waitlisted or rejected, your other applications stay active. Stay ready in case you’re chosen elsewhere.
GET HELP FINDING AND APPLYING FOR AFFORDABLE HOUSING www.nyc.gov/site/hpd/services-and-information/find-affordable-housing.page YOU CAN ALSO GET HELP FROM A HOUSING AMBASSADOR
These are community organizations. Find one at: www.nyc.gov/site/hpd/renters
PREPARE TO APPLY FOR AFFORDABLE HOUSING WITH FREE, PROFESSIONAL, ONE-ON-ONE FINANCIAL COUNSELING AT AN NYC FINANCIAL EMPOWERMENT CENTER
Visit www.nyc.gov/site/dca/index.page for more information, or call 311 and ask to make an appointment at an NYC Financial Empowerment Center.
REASONABLY PRICED UTILITIES
This Tenant Toolkit consists of 10 Sections, and is an integral conponent of BUILDING TENANT POWER WITH BHIP, a collaborative project with Bushwick Housing Independence Project. It was developed by Parsons MS Design and Urban Ecologies Class of 2025.
Section 01: Reasonably Priced Utilities has been developed by : Leah Roy.
These services are regulated by the govement, and state law protects your rights
If your service is going to be SHUT OFF, you can negotiate a payment plan with the utility company.
If you’re having TROUBLE PAYING your gas or electric bill, there are programs that can help you pay or reduce what you owe.
If you have a SERIOUS MEDICAL CONDITION, you have the right to keep your service on with a doctor’s certification.
You are only responsible for accounts that are set up IN YOUR NAME
You are not responsible for anyone else’s account—even if you live at the same residence.
If you have trouble DEALING WITH A UTILITY, you have the right to get help from the New York State Public Service Commission (PSC).
The Public Service Commission (PSC) in NYC regulates public utilities like electricity, gas, water, and telecommunications to ensure safe, reliable, and affordable services for consumers. They set rates, approve investments, and enforce regulations to protect consumer interests and promote fair competition.
Any time you interact with a utility company, public agency, elected official, or advocate about your utility service, remember to:
Write down notes, including the name, contact information, date, and time for everyone you speak with
Follow up with a letter or email confirming what was said
Ask for responses and agreements in writing.
Make and keep copies of all documents
Keep following up if you don’t hear back!
When filing a complaint with the Public Service Commission (PSC), always ask for a complaint number.
Energy Service Companies (ESCOs) claim to sell energy at a lower price than local utilities. ESCOs often use high-pressure sales pitches to convince you to switch to them, such as robocalls and home visits. Some even pretend to be from your utility or the government. The Public Utility Law Project advises you not to take service from ESCOs until they are fully regulated by the Public Service Commission (PSC).
If
you’re
BEHIND ON YOUR BILLS
Contact the utility as soon as you realize your payment will be late. They can charge late-payment fees, which build up and add to your bill.
ASK
If you think you’ll continue to have trouble paying your bills on time...
You may qualify for programs that can help you pay your bill or reduce the amount you owe. Some programs might already be applied to your bill if you qualify for them. Other programs require applications.
If you have a PROBLEM WITH YOUR BILLS
Contact the utility company first.
Explain why you think the bill is wrong. Gather any evidence you have to prove your case and mail,email, or fax copies to the utility company.
Keep the originals for your records.
SAYIf it’s a problem on the utility company’s end, such as a meter problem:
Ask the utility what they will do to investigate the problem and when it will happen.
Take notes on what happened during your call or visit.
Follow up with a written letter to the person you spoke to confirming what you agreed to.
Some utilities will give you an extension, but some won’t. If they do, try your best to pay on time. (If you don’t, it’s unlikely you’ll get an extension in the future.)
1 2 May I have more time to pay?
Do you have a program that can help me pay my bill?
For information on programs that can help you pay your bills, see PROGRAMS, on next page.
The utility company may offer you “budget” or “level” billing, but think carefully before you sign up.
These plans keep bills steady but don’t cut debt. You pay a fixed amount monthly, with possible larger bills later. Missed payments could mean service cutoff or needing a Deferred Payment Agreement.
I have a problem with my bill because... and here is the evidence.
1 2 Photos of your meter readings Copies of your bills to prove errors
If the utility company doesn’t respond or won’t tell you how they’ll fix the problem, contact the Public Service Commission (PSC) to file a formal complaint.
Keep paying undisputed charges. You can delay disputed charges until the PSC responds. No late fees or shut-offs for disputed charges.
Call PSC: 1-800-342-3377
File online : www.dps.ny.gov
Send mail to: Office of Consumer Services
NYS Public Service Commission
3 Empire State Plaza Albany, NY 12223
If you get a SHUTOFF NOTICE
BILLS
Contact the utility company as soon as you realize your payment will be late. It’s called a “Termination Notice” and it’s included on your bill or mailed separately.
ASK SAY
Know the rules for shutoffs:
They can’t threaten a shutoff until a bill is 20 days past due.
They must send a Final Termination Notice at least 15 days before shutoff.
Why did I get a Termination Notice?
If the reason makes sense (for example, if you’re behind on paying
I want to negotiate a Deferred Payment
If you get a Termination Notice, you have the right to pay what you owe over time.
The earliest shutoff is 35 days after the due date.
Tell the utility service why you disagree. If they uphold the Termination
I’ll be filing a complaint with the Public Service
Call the PSC complaint number right away and follow their complaint procedure.
The utility CAN ONLY shut off service: Monday to Thursday, from 8 am to 4 pm
No shutoffs on weekends, holidays, when closed, Christmas to New Year’s, or without Termination Notice.
If you or a family member has a SERIOUS MEDICAL CONDITION
Have your doctor call the utility. This will keep your service on for 5 days. you have special rights. If you need utility service to care for your health or the health of someone else—such as powering equipment or refrigerating medication—your doctor can help you keep your service on.
Next, have your doctor send the utility a letter certifying the condition. This extends service 30 days. Your doctor can extend it with another letter that includes:
Their name, address, and state registration number. Your name and address (or the person with the medical condition’s name and relationship).
ASK
You : Can you call my utility and tell them why I need my service?
A nebulizer needs electricity!
Doctor: My patient needs utility service because...
Medical condition description. Explanation of why shutoff could worsen the condition.
Your doctor will need to give the utility their state registration number and say that your health (or the health of someone who lives with you) will be threatened by a loss of service.
05 PREDATORY LANDLOARDS + TENANT HARASSMENT
1 WHAT IS A PREDATORY LANDLORD
2 WHAT IS PREDATORY EQUITY
3 EXAMPLES OF TENANT HARASSMENT
4 WHAT IS A CODE VIOLATION
This Tenant Toolkit consists of 10 Sections, and is an integral component of BUILDING TENANT POWER WITH BHIP, a collaborative project with Bushwick Housing Independence Project. It was developed by Parsons MS Design and Urban Ecologies Class of 2025.
Section 05: Predatory Landlords and Tenant Harassment has been developed by : Natalie Temple
The Coalition Against Tenant Harassment’s Resources Page
The Certificate of No Harassment Pilot Program Information Booklet
The Center for Urban Pedagogy’s Bushwick Displacement Information Booklet
NYU’s Center for Urban Science + Progress’s Digital Traces of the Predatory Landlord
Legal Aid Society’s Information on Tenant Harassment
NYC Tenant Protection Cabinet’s Resources for Unlawful Evictions/ Lockouts
The Center for Urban Pedagogy’s Predatory Equity Survival Guide
Stabilizing NYC Predatory Equity Story
NYC Department of Housing Preservation and Development’s definition of Tenant Harassment
What is...
A PREDATORY LANDLORD
A predatory landlord is generally understood as a property owner or manager who takes advantage of tenants through exploitative or unethical practices. These landlords often abuse power imbalances and vulnerabilities in the housing market to maximize their own financial gain at the expense of tenants’ rights and quality of life
WHAT DO PREDATORY LANDLORDS DO AND WHY?
THE WHY
Tenant harassment is one stage in a process or pattern of behavior that is known as predatory equity (explained in more detail on the next page). Landlords utilize tenant harassment as a strategy to displace tenants from their homes, usually as part of a larger strategy to destabilize rent-regulated housing and make a large profit off of buildings.
THE WHAT
Predatory landlords try to push tenants out of their apartments using a number of manipulative and aggressive strategies. Many of these tactics fall under the category of TENANT HARASSMENT, which is defined by the NYC Department of Housing Preservation and Development as “any act or omission by or on behalf of an owner that causes or is intended to cause a tenant to surrender or waive any rights in relation to the occupancy of their unit.”
Every year, the New York City Public Advocate releases a list of the top 100 worst landlords The list is compiled based on the average number of open building code violations linked to each landlord. This map shows properties in Bushwick that are owned by landlords who made 2023’s Worst Landlords list. In other words, this map visualizes the presence of just a few known predatory landlords in Bushwick.
What is...
PREDATORY EQUITY
Predatory equity is a process wherein property owners and speculators displace residents from affordable or rent-regulated housing in order to make a large profit.
HOW?
Speculators (or landlords supported by banks known to underwrite loans to support predatory equity) purchase a building that meets at least one of the following criteria:
Property-owners/landlords engage in predatory behavior/tenant harassment in an effort to displace tenants, especially those in rent-stabilized units, so that they can either renovate the housing and rent it at market-rate, or sell it to a new buyer for a much higher price.
If speculators succeed in turning the profit on the building: - tenants lose their homes
If speculators fail in turning the profit by failing to pay the mortgage on a building: - building goes into forclosure
- tenants still lose their homes
- NYC still loses rent-regulated housing
Building has high number of rentregulated units, demonstrating potential for high level of profit turnover if units are deregulated
The purchase has a debt-torevenue ratio heavily skewed towards debt, indicating the property owner must somehow drastically increase revenue to break even or turn a profit
Building is sold at a suspiciously high price, indicating that the property owner’s financial strategy might rely on the eviction of rent-stabilized tenants
SOME COMMON FORMS OF TENANT HARASSMENT:
Neglecting maintenance repairs
Using construction to make living conditions uncomfortable or dangerous
Verbally or physically threatening you
Asking for proof of citizenship or immigration status
Cutting off essential services like water, heat, etc.
Offering you money in exchange for you leaving your home or to buy you out of your lease
Your landlord removes your belongings from your apartment.
Ex. You arrive home to find that some of your belongings are missing. You find that your landlord has removed them, claiming they have the right to do so because you are behind on rent.
Your landlord removes or tampers with your apartment’s door and/or lock:
Ex. Your landlord removes the front door from your apartment.
Ex. Your landlord breaks or changes the locks on your door without issuing you new keys.
Your landlord cuts off or inhibits your access to essential services:
Ex. Your landlord repeatedly turns off your water, heat, or lights.
Your landlord misleads you about your tenancy status or the status of your building:
Ex. Your landlord tells you they’ve obtained a construction permit that has actually been denied.
Ex. Your landlord tells you your unit is not rent-stabilized when it is.
Your landlord makes repeated, intimidating, or unwanted offers to buy you out of your lease:
Ex. Your landlord threatens you when you turn down a buyout offer.
Ex. Your landlord repeatedly pressures you to move out of your apartment in exchange for a one-time sum of money.
ADDITIONAL FORMS AND EXAMPLES OF TENANT HARASSMENT:
Ex. Building management is unresponsive to complaints about lack of hot water or heat in the winter.
Your landlord asks for forms of identification that would disclose your citizenship status:
Ex. Your landlord asks to see a green card, passport, or immigration documents.
Ex. Your landlord threatens to call Immigration Enforcement.
Some of these forms of tenant harassment constitute an UNLAWFUL EVICTION:
- Your landlord CHANGES THE LOCKS to your apartment
- Your landlord SHUTS OFF utilities to make your apartment UNLIVABLE
- Your landlord REMOVES YOUR BELONGINGS from your apartment
YOU CAN ONLY BE EVICTED THROUGH A HOUSING COURT PROCEEDING. SEE THE EVICTION SECTION OF THIS TENANT TOOLKIT FOR MORE INFORMATION.
Your landlord has brought you to housing court for baseless reasons
Ex. Your landlord brings you to housing court multiple times with false accusations.
Your landlord neglects necessary maintenance repairs:
Ex. Your landlord intentionally withholds repairs, letting your apartment fall into an unsanitary or unsafe state.
Ex. Your landlord doesn’t fix a broken step in the main area of your building.
Your landlord verbally/physically harasses or threatens you:
Ex. Your landlord threatens you based on an aspect of your identity.
Ex. Your landlord or building management interferes with tenant organizing efforts.
TENANT HARASSMENT IN GENTRIFIED NEIGHBORHOODS: CONSTRUCTION
How can construction be used as a tenant harassment strategy?
Landlords use both construction and the lack of it to intentionally make tenants’ living conditions uncomfortable, unsafe, or even uninhabitable, in an attempt to coerce tenants to leave their homes. This type of harassment takes several different forms.
These tactics are especially common in neighborhoods experiencing gentrification, the process wherein substantial demographic shifts take place in a neighborhood as longterm residents and communities are displaced while new (typically more affluent) residents and communities move in. These shifts often result in huge changes in the physical, social, and cultural fabric of a neighborhood and the communities that have called it home for decades. Bushwick has been experiencing accelerated gentrification and displacement of its long-term residents since the early 2000s.
Neighborhoods experiencing gentrification become more popular with the influx of a new population, which creates more demand for housing in the area. This means that there is a huge economic incentive for developers to build more, larger buildings in these neighborhoods, or to expand buildings they already own to accommodate more units at higher prices.
Sometimes this means adding market-rate units to buildings with rent-stabilized units as a way of increasing profitability. Sometimes this means landlords selling entire properties to developers who will displace tenants before transforming a building completely into a much larger development.
What these scenarios and the many other possible ones have in common is the use of construction as a means of tenant harassment and as a strategy for displacing tenants from their homes in order to profit from processes like gentrification and predatory equity.
CONSTRUCTION AS HARASSMENT
Building construction-related harassment can fall into one of a few categories:
Excessive noise before, during, or after hours
Blocked sidewalk, street, or building entrance
Excessive dust in building
Excessive and/or falling debris
Construction taking place outside of the Department of Buildings’ approved window (7 AM - 6 PM, MON-FRI)
2 USING CONSTRUCTION TO RAISE RENT
1 CONSTRUCTION WITHOUT PROPER PERMITS
Work that exceeds or otherwise goes outside of approved permits or plans
Work being done without a permit at all
Conditions that violate the Construction Bill of Rights and/or the Tenant Protection Plan
Landlords can use construction to raise rents for tenants through both Individual Apartment Improvements (IAIs) and Major Capital Improvements (MCIs)
IAIs are renovations done on an individual unit-scale while MCIs are building-scale renovations done on essential components of buildings (like boilers). Landlords can add permanent rent increases of up to 6% of tenants’ rent annually when they spend money on MCIs.
Landlords can weaponize both kinds of improvements against tenants by passing on some of the construction costs onto tenants through rent increases.
However, it’s difficult to hold landlords accountable to the rules around MCI rent increases since enforcing them relies on tenants reporting violations, and many tenants are unaware of their rights around MCIs.
With methods like these, it’s easy for landlords to manipulate and use the very mechanisms that are designed for improving tenants’ quality of life against them in an attempt to displace them.
INTENTIONAL
Landlords may also use the lack of necessary construction, or intentional neglect, as a form of harassment, letting their buildings fall into states of disrepair that create unsafe and/or unsanitary conditions for tenants.
A housing code violation refers to when a property does not follow the regulations and standards set forth by local, state, or national authorities governing the condition, safety, and habitability of residential properties.
These violations can encompass a wide range of issues, including structural deficiencies, electrical or plumbing problems, lack of adequate heating or ventilation, pest infestations, inadequate sanitation, fire hazards, and other health and safety concerns. When a property fails to meet these standards, it may be subject to fines, penalties, or legal action to force the necessary repairs or improvements.
Sometimes, this neglect and the conditions that result get to the point of qualifying as a code violation. CLASS
The purpose of housing codes is to ensure that residential properties provide safe and healthy living conditions for occupants.
Code Violations can be understood in 3 different classes: Class A, Class B, and Class C, or Class 3, Class, 2, and Class 1. These represent the scale of the violation, whether it is non-hazardous, hazardous, or immediately hazardous. In the following pages you can find examples of each class violation, when the violation needs to be corrected and documented, and the consequences if the violation is not addressed by the property owner.
CLASS “A” VIOLATIONS
NON-HAZARDOUS
Class “A” Violations may also be known as Class 3 Violations 1
Examples (not a complete list):
• No peephole in the entrance of the dwelling unit;
• Failure to place a street number on the front of the dwelling
Correction and Certification Dates:
• Must be corrected 90 days from the mailing of the Notice of Violation (NOV).
• Certification of Correction is required 14 days after this Correction Date.
Consequences if Code Violations are not addressed:
• $10 to $50 per violation per day, from the required correction date until the violation is actually corrected.
Number of Class “A” Violations in Bushwick 2
1 NYC Administrative Code 27-2001 through 27-2152, “Housing Maintenance Code”
2 Crower, Avery. “Number of Class “A” Violations in Bushwick” Map. 2023. QGIS. NYC Open Data.
CLASS “B” VIOLATIONS
HAZARDOUS
Class “B” Violations may also be known as Class 2 Violations 1
Examples (not a complete list):
• Inadequate lighting facilities for public halls or stairs;
• Owner has not provided an approved smoke detector in dwelling unit;
• Unlawful bars or gates on windows opening to fire escapes.
Correction and Certification Dates:
• Must be corrected 30 days from the mailing of the NOV.
• Certification of correction is required five days after the Correction Date.
Consequences if Code Violations are not addressed:
• $25 to $100, plus $10 per day, from required correction date until the violation is actually corrected.
Number of Class “B” Violations in Bushwick 2
1 NYC Administrative Code 27-2001 through 27-2152, “Housing Maintenance Code”
2 Crower, Avery. “Number of Class “A” Violations in Bushwick” Map. 2023. QGIS. NYC Open Data.
CLASS “C” VIOLATIONS
IMMEDIATELY HAZARDOUS
Class “C” Violations may also be known as Class 1 Violations 1
Examples (not a complete list):
• Inadequate Supply of heat and hot water
• Rodents
• Peeling lead paint in dwellings where a child under 7 resides
• Broken or defective plumbing fixtures
• Defective plaster
• Defective faucets
Correction and Certification Dates:
• Must be corrected twenty four hours from the mailing of the NOV
• Certification of correction is required five days after.
Consequences if Code Violations are not addressed:
• $50 violation per day for buildings with 5 or fewer units; $50 to $150 per violation, plus $125 per violation per day for buildings with more than five units;
• Heat and Hot Water Violations: $250 per violation per day;
• Illegal Device on Central Heating System: $25 per day or $1,000, whichever is more.
of Class “A” Violations in Bushwick 2
1 NYC Administrative Code 27-2001 through 27-2152, “Housing Maintenance Code”
2 Crower, Avery. “Number of Class “A” Violations in Bushwick” Map. 2023. QGIS. NYC Open Data.
Number
RENT-IMPAIRING VIOLATIONS
WHAT IS THIS
Rent-Impairing Violations are serious issues in buildings that could put people’s safety or health at risk. These issues might include things like fire hazards or dangerous conditions that could harm the people living there. 1
HOW IT WORKS
1. Identifying Violations: The city’s Department of Housing decides what conditions are considered violations. They create a list describing these violations and make it public.
2. Determining Rent-Impairing Violations: Among these violations, the department picks out the ones that are severe enough to affect people’s ability to live safely in their homes. They hold hearings to decide which violations qualify.
3. Consequences for Landlords: If a building has a rent-impairing violation, and the landlord doesn’t fix it within six months of being notified, they can’t collect rent from the tenants who live in the affected part of the building. This rule doesn’t apply if the tenant caused the violation or refused the landlord entry to fix it.
4. Tenant Protections: vTenants can use this rule as a defense if their landlord tries to collect rent for a place with a rent-impairing
violation. The tenant must prove the violation exists and deposit the rent with the court until the issue is resolved. Make sure you have a source other than your landlord to deposit the rent with to avoid eviction.
5. Penalties for Unlawful Behavior: If a tenant raises a defense under this rule in bad faith, or if they caused the violations or refused the landlord entry to fix it, the court can make them pay the landlord’s costs, including legal fees, up to $100.
Number of Rent-Impaired Violations in Bushwick 2
is very important that
get in touch with a local housing organization (i.e. BHIP) to assist you through this process!!!
List of Rent-Impairing Violations Did you know that if you do not have a safe emergency exit out of your building, your landlord cannot collect rent?
The Department of Housing Preservation and Development has compiled a comprehensive list of violation known as ‘rent-impairing’ violations, under the Multiple Dwelling Law.
The Multiple Dwelling Law is a set of regulations and standards established to ensure the safety and habitability of apartment
buildings, and it outlines requirements for construction, maintenance, and operation to protect the well-being of tenants and the community. These violations are issues that make apartments unsafe or uncomfortable to live in. The following are some examples of rent-impairing violations. 1
A Failure to Repair a Leaky Or Defective Roof A Failure to Repair Structural Defects
Rodent Infestation
WHAT CAN YOU DO
to fight back against predatory landlords and tenant harassment?
Keep a harassment log (template provided). Keeping a record of all harassment incidents is crucial, as it can be used as proof of harassment in housing court or in an HPD investigation against your landlord. 1
2
3
Organize within your building! If you’re experiencing tenant harassment, your neighbors probably are too. Check out the So You Wanna Organize section of this Tenant Toolbox to find tips on how to build tenant power through tenant associations, connecting with local organizations, and more.
4
Call 311 (template provided). 311 has a Tenant Helpline where you can access a one-on-one support from a Tenant Helpline specialist. This is part of the larger Tenant Support Unit, which includes a Tenant Resource Portal that you can access online.
100 Worst Landlords in NYC Database https://www.landlordwatchlist.com/
Who Owns What Database
https://whoownswhat.justfix.org/en/ Resources
Get to know your building! See if your building is part of any of the programs introduced by recent updates to Local Law 7. Is your building on the HPD’s Speculation Watch List (a list of properties designed to warn tenants of potential predatory landlords)? Is your building part of the Certificate of No Harassment Pilot Program? See the additional resources listed to find out and learn about what it means if your building is part of either of these programs. Use the Who Owns What tool to research the property owner of your building, their history with code violations, and more.
HARASSMENT LOG
Use this template as a guide for keeping a harassment guide if you think you’re experiencing tenant harassment. Print this sheet out or make your own and keep track of EVERY interaction that you think might count as tenant harassment!!!
When did th is ha ppen ? (n ot e da te an d time of in te r action)
Wh at fo rm (s ) of te nant ha ra ssment do yo u th ink yo u might be f acing? (c on st ruction, int entiona l negl ect, ve rb al /p hy sica l th r eats, bu yo ut of fe rs, et c. )
Wh at we re t he de ta il s of t he in te r actio n? (w ha t w as said, wh at w as t he co nt ex t of t he in te r action, ho w did yo u feel, w as an y ph ys ic al intimidation used, et c. )
Ho w did th ey co nt act yo u?
(phone ca ll, le tt er , emai l, tex t, in pe rson, et c. No te t heir emai l add re ss, phone numbe r, et c. )
Who spo ke to yo u?
(N ot e an y id entifying in fo rmation li ke name, em pl oy er , c onnection to bu il ding mana gement or la nd lo rd, et c. )
WHAT TO EXPECT: CALLING THE 311 TENANT HELPLINE
You can call 311 to report housing quality issues and file complaints about landlords. If you have an issue in your apartment or building (like a repair needs to be made, you notice pests, etc.), contact your landlord first and ask them to fix it. If they are unresponsive, call 311 to make a complaint which will be sent to the Department of Housing Preservation and Development. HPD will start the process of prompting the landlord to take care of the issue and intervening further if necessary.
To report tenant harassment specifically, you can call 311 and ask for the Tenant Helpline.
IMPORTANT!
Make sure to keep a record of any complaints you make to 311! Record all contact you have with 311, HPD, etc. just like you would record interactions with your landlord or building management in your harassment log.
1. Dial 311. You’ll hear an automated introductory message.
2. An automated prompt will ask you to indicate your preferred language. Press whichever number corresponds to the language you’d like the phone call to continue in.
(Press 1 for English; Press 3 for Spanish, etc.)
3. Next, you’ll hear a message telling you the active parking rules for the day, followed by a menu of five options for quick redirection:
- Press 1 to report a problem about heat or hot water
- Press 2 to discuss any parking ticket-related issues
- Press 3 to report a noise complaint
- Press 4 if trash, recycling, or compost was not picked up on scheduled day
- Press 5 for information on property taxes or property values
- For all other inquiries, remain on the line
Stay on the line and wait for the next prompt.
4. Next, a recorded message will ask if you are calling for information about the IDNYC card.
Reply, “No.”
5. A recorded message will then ask you to describe what kind of assistance you’re looking for.
Reply, “Tenant Helpline.”
6. An automated voice will reply, “You’re calling about housing regulations, right?”
Reply, “Yes.”
You’ll then be connected to a representative.
7. When you’re connected with a representative, tell them you need to be put through to the Tenant Helpline to report tenant harassment.
The representative may give you some information, such as what to do if you are experiencing an illegal lockout, and then will transfer you to the Helpline.
8. Once transferred, you’ll hear “Welcome to the Tenant Helpline.”
You may be put on hold if all specialists are busy when you call. You can either wait on the line for the next available specialist, or you’ll be given the option to leave a voicemail in your preferred language.
If you leave a voicemail, be sure to include your name and address, Your call should be returned within 72 hours.
Helpline specialists are available to speak to directly during the line’s operating hours, listed below:
Monday: 9:30 AM - 4:30 PM
Tuesday-Friday: 9:30 AM - 5:30 PM
Saturday: 10:30 AM - 5:30 PM
Transfer to the Helpline is available 24/7, and you can also leave a voicemail anytime, even outside of operating hours.
If you’re actively experiencing an illegal lockout/ eviction, call 911 immediately!
For HPD’s guide on using 311 to call about a housing quality issue, scan the QR code:
06 UNDERSTANDING EVICTION
7 LEGAL VS ILLEGAL EVICTION + NEXT STEPS
9 CITATIONS
This Tenant Toolkit consists of 10 Sections, and is an integral conponent of BUILDING TENANT POWER WITH BHIP, a collaborative project with Bushwick Housing Independence Project. It was developed by Parsons MS Design and Urban Ecologies Class of 2025.
Section 06; Understanding Eviction developed by : Lauren Leiker
Understanding Evition Understanding Evition
While facing an eviction can be a very confusing and scary experience, it can be helpful to understand what exaclty an eviction entails, the timeline of events, and how landlords can use illegal tactics to push residents out. These sections go over more details and tools to better understand eviction and how to stop one from happening.
What does an eviction mean?
An eviction is a legal preceeding that must be followed in order to remove a resident from their home.
Eviction In Bushwick and Surrounding Neighborhoods
Thousands of people face eviction each year in Bushwick, and in NYC as a whole. If you are facing an eivction, you are not alone!
What does an eviction notice look like?
Only after receiving an offical notice from the Marshal’s offce can you be prevented from entering your home.
Unlawful evictions
Landlords can try and use illegal techniques to harass, intimidate, or force out their tenants. Being aware of these tactics can help you spot illegal behavior, and understand your rights to stay in your home.
Preventing eviction and next steps
Even if an eviction is lawful, there are steps you can take to prevent it from occuirng, both before and after a noitce is given.
What does an eviction mean?
An eviction is the removal of a tenant and his or her thier apartment. If a legal eviction os occuring, a marshal will see that the locks to the entrance of the building or apartment that the tenant may have access are changed. Before you can be evicted, the marshal must serve a marshal’s notice, also called a notice of eviction. The warrant of eviction authorizes the sheriff or marshal to perform the eviction.
The only legal way to evict a tenant who has not paid rent is through a nonpayment eviction, which must proceeding through Housing Court. Building owners or landlords must notify the tenant that rent is late, what the balance is, and that if it is not paid, the tenant will be evicted. After three days notice is given, orif an oral demand for the rent is made, the owner can file a nonpayment proceeding in Housing Court and serve papers on the tenant. The tenant will be asked to answer this petition in person at the Housing Court Clerk’s office. The Clerk will then provide a court date to the tenant. On the court date, the tenant has an opportunity to present his or her defense to a Housing Court Judge. Tenants have the right to legal counsel, and it is extrmely helpful to have consulted about your rights or to bring legal aid to this court date. If the judge rules in favor of the eviction, then the owners of the property must obtain
a judgment of possession and “warrant” directing a city marshal to evict the tenant. Tenants may have a defense to a stop the eviction in court, like bringing evidence of building neglect. Make sure you document all your interactions with the landlord and proof of any disrepair.
It is important to note that you are not automatically evicted when the time period on a notification runs out. An eviction is a legal proceeding. If you did not comply with the eviction notice by the time the notice period ends, your landlord can then go to court and file the necessary paperwork to begin the eviction lawsuit against you. Depending on how busy the courts are, it could take anywhere from a week to months before a sheriff is ordered to evict you on a certain date. You can remain living in the rental unit until the sheriff is ordered to evict you, but remember that you will be required to pay the landlord rent until the day you move out of the unit.
Just because a landlord starts an eviction case does not mean that the landlord will win. Tenants have certain rights, and there are several defenses to an eviction case.
Your landlord cannot evict you without going to court.
EVICTIONS IN BUSHWICK & SURROUNDING NEIGHBORHOODS
While there was an eviction moratorium that started in to 2020 due to the COVID pandemic, it was lifted in 2022 and evictions resumed in New York City. In 2023, there were over 12,000 evictions, If you are facing eviction, you are not alone. Many tenants have been threatened with eviction in the city, but there are tools and resources available to help tenants. You have rights as a renter, even if you do not have an offical lease. Of the 12,000 evictions, almost 30% of them occured in Brooklyn. The eviction process can be confusing, but it is important to know that your landlord must take certain steps in order for the eviction to be legal.
there were over 12,000 evictions in NYC in 2023
If your landlord has given you a verbal or written warning about their intent to evict you, this does not mean you no longer have access to your building or unit. You can still go to housing court after receiving this notice and file a case to prevent an eviction from happening.
This is what a Marshal’s notice of eviction looks like. A written or verbal notice from your landlord is not a substitution for this legal document. Receiving this notice means that you are at risk of having your locks changed and your belongings removed.
This is a six da y warning. After th at time period ha s passed, if you ha ve not met the landlord demands, they can go to hosuing court and proceed with the eviction.
What does an eviction notice look like?
Before filing the actual court papers, a landlord generally serves what is called a “predicate notice.” This notice states why they are seeking to evict you. It might tell you how much you owe by a certain date or that you must immediately stop a certain behavior and that if you don’t, the landlord will commence a court case against you. Letters like this can be scary, but remember:
You do not have to leave your home. Once the date listed on your notice has passed, the landlord might file an eviction case against you in housing court. Again, this can be scary, but does not mean you have to leave your home. If your landlord files an eviction against you in housing court, you should receive an eviction notice. Only after a notice from the Marsha l’s Office can your locks be ch anged and you can le gall y be prevented from
Civil Court of the City of New Y ork –County of TribunalCivil de a Ciudad de New Y ork –Condado de Index #: Marshal’s Docket #:
City Marshal Name & Badge #: A ddress: Te ephone:
NOTIFICACIÓNDE DESALOJO DE 14 DÍAS
A los inquilinos y subinquilinoscitados arriba:
El tribunal ha emitido una orden de desalojo por la cual, de no desocupare ugar indicado arriba dentro de CATORCE DÍAS después de la f echa delapresente notificación, PODRÍA N DESA LOJA RL O SIN PREV IO A VISO A PA RTIR DEL DÍA
THE FOLLOWING BUSINESS DAY or on any business day after.“Business Days” are Monday through Friday except legal holidays.
HOW CAN I STOP THIS EV ICTION? The ONLY w ay you can stop this eviction is w ith a Court order prior to eviction that (1) temporarily stays your eviction, or (2) vacates a warrant for the non-payment of rent, af ter a deposit or payment w ith the Court of the f ull rent due.
You may apply f or such an order at the Civil Court, Landlord-Tenant part, in your borough. Contact informatio n for the Courts s available at the link below. If granted, atemporary stay w ill stop this eviction until the stay expires or is vacated by the Court.
HOW CAN I BE EVICTED?
If you do nothing in re s ponse to this notice, you m ay be e victed w ithout fur the r notice.
If a Court has already ordered that you be evictedif you fail to make a payment or comply with the Court’s order by a certain date, your f ailure to pay or comply with the Court’s order by that date may result in your eviction w ithout further notice
HOW CAN I GET HELP?
New York City provides f ree lega services f or tenants facing eviction. Call 718-557-1379 for information about how to access free legal assistance. Free interpretation services are available.
If you are dependent upon a person in the military service of the United States let the clerk of the Court know immediately in order to protect your rights. Contact information for the Clerk is available at the link below. The Department of Social Services may be able to help you with back payments or other assistance Call 718-557-139 9 or 311 f or inf ormation. Free interpretation services are available.
Date of Notice/Fe chada el †
Earlie st Eviction Date/
Fe cha de l pr im er des alojo
HÁBILSIGUIENTE a contar de lunes a viernesexcepto os días f estivos of iciales.
¿CÓM O DETENGO EL DESALOJO?
La ÚNICA f orma es con un dictamen que emita el tribuna antes del desalojo (1) que lo suspenda temporalmente o (2) que desestime una orden judicial por impagoo después de realizar depósito o saldar el alquiler ante el tribunal.
Podrá solicitar dichodictamen en la Sala de A suntos entre Propietario e Inquilino en el tribuna civil de su municipio Vea los datosde contacto de los tribunales en el enlace al pie de página.
De ser concedido dicho dictamen, una suspensión temporera detendrá el desalojo hasta que venza o bien lo desestime el tribunal
¿CÓM O PODRÍAN DESALOJARM E?
De hacer cas o om is o a estanotificación, podrían de salojarlo sin pr evio aviso
Si el tribunal ya dictaminó que lo desalojen por impago o incumplimiento de dicha ordenen fecha determinad a, podrían desalojarlo sin previo aviso.
¿DÓNDE CONSIGO AYUDA?
La ciudad ofrece servicios legales gratis a inquilinos con amenaza de desalojo Llame al 718-557-1379 y averigüe cómo conseguirla Se dispone de interpretación gratis. Si depende de alguienen el servicio militar de los Estados Unidos proteja sus derechos al informárselo enseguida al secretario del tribunal,cuyos datos de contacto aparecen en el enlace al pie de página.
El Departamento de Servicios Sociales (Department of Social Services) podríaayudarle con los pagos atrasados ydemás asuntos. Inf órmese por el 718-557-1399 o el 311. Se dispone de interpretación gratis.
More Information / Más información en nyc.gov/doi/evictions(212) 709-7900
†The date of this notice shall be onor af terthe date the notice is served on respondent
Avi Konsènan Degèpisman: plis enfòmasyon
Avis d’expulsion: plus d'informations
Powiadomienie o eksmisji: dodatkowe informacje
†La presente notificación está f echada a partir del día de entrega al demandado
Unlawful evictions (also known as lockouts or self-help evictions) are illegal. All tenants have the right to stay in their home unless they choose to leave or are evicted through a court process. You have rights if you have lived in the same place for 30 days or more, even if you did not sign a lease or are not the named party on the lease. Tenants who signed a lease have protections immediately. Immigration status does not matter. You are protected. You cannot be “discharged” or kicked out of a private residential program, even if you signed paperwork about it.
It is a class A misdemeanor for anyone to illegally evict you by:
• Changing the locks,
• Padlocking the doors,
• Taking out your furniture or property,
• Removing the door of the apartment or house,
• Turning off the electricity or water,
• Doing, or threatening to do, anything else that keeps you out of your house or apartment
If you have been locked out:
How can you tell if an eviction is unlawful?
If you would like to housing court, you information, and learn you can take your landlord evictions can be stopped housing
If you think your landlord intimidate or harass force you from
• Call 911, and NYPD will send an officer to the scene.
• NYPD’s role is to protect the rights of a person who is being or has been unlawfully evicted.
• An unlawful eviction is a misdemeanor.
• The NYPD may take enforcement action against someone trying to remove a tenant if they have probable cause to believe it is an unlawful eviction.
• Go to the Housing Court in your borough (see list below) and file an Order to Show Cause to get back in (they call this being “restored to possession”)
• Call 311 and ask for the Tenant Helpline to get a free lawyer
• Fill out the Unlawful Eviction Complaint Form
How can you prevent eviction as a tenant?
to learn more about you can see more learn about how and why landlord to court, or how stopped by coming to housing court:
SECTION 7
landlord is attempting to harass you into leaving or from your home:
Rental Assistance
“One Shot” Deal
While there are legal grounds to evict a tenant, such as nonpayment of rent, there are resources to help in these situations. Also, many landlords will also use different techniques when managing their buildings or when approaching tenants that are unfair, exploitative, or illegal. Being aware of these predatory practices, as well as
• You may be able to get cash help if you cannot pay your bills because you lost your job, are getting less pay from your job, or had another emergency like an unexpected medical situation. This help is called “Emergency Assistance” or a “One Shot Deal.”
• This is available from Access NYC, at: https://access.nyc. gov/programs/one-shot-deal/
CityFHEPS
• CityFHEPS is a rental assistance supplement to help individuals and families find and keep housing.
• Learn more about the different types of programs offered at https://www.nyc.gov/ site/hra/help/cityfheps.page
Predatory Landlord Practices
Many landlords engage in predatory practices when getting new tenats, managing their properties, or with rent or lease agreements.
Housing Court
Housing court can be intimidating, but is a powerful tool for tenants. A tenant can brinng complaints about their landlord’s practices to court, or attend court to stop an eviction, among other reasons.
Notice of Intent to Evict
Your landlord may give you a written or verbal notice that they are going to try and evict you. This does not mean you need to leave your home, or that you can be locked out or denied access to enter. This notice should include a reason for the eviction, such as failure to pay rent.
Legal Evictions Illegal Evictions
Self-Help Eviction
Legal Proceedings
An eviction is a legal proceeeding. Your landlord must go to court to evict you. If you do not or cannot comply with their requests, you can still go to hosuing court to contest the eviction. In a legal eviction, you will receive a court notice, meaning that your landlord has filed wiht Housing Court. By attending this court hearinfg, you can try to prevent the eviction. You still do not need to leave your home.
Court Hearing
In court, you will have the opportunity to present arguements and evidence. You have the right to free
Your landlord cannot lock you out of your apartment or prevent you from entering your home unless a court has allowed them to do so. You should receive a notice if your landlord is proceeding with a legal eviction, but they cannot keep you from entering your home without a notice from the Marshal’s Office.
Harassment and Threats
f your landlord tries you coerse you out of your unit by threats, harassment, or intimiation, this is illegal, and you can take your landlord to court. You do not have to leave your unit, even if your landlord is pressuring you to.
What are the next steps after receving an eviction notice?
Do not wait. Go to the housing court in your borough right away to file an order to show cause to stop the marsha l from ch anging your locks.
Go to the Housing Court in your borough and file an Order to Show C ause to get back in (the y call this being “restored to possession”)
Contact le gal aid
Ex: Legal Aid NYC, call 311 and sa y “Tenant Helpline.” The right to counsel is free
legal assistance. After hearing both sides, the judge will make a decision. Only if the judge rules in favor of the eviction does your landlord have the right to remove you. You will get a warning, typcially giving you either 6 or 14 days to leave. Only this notice, from the Marshal’s Office, can legally remove you, but you should be given
Construcitve Eviction
Your landlord must keeo thier building inhabitable and maintain necessary repairs. If they fail to do this, espeically to try and keep you from living in your unit, this is illegal, and you can take your landlord to court or even withhold rent until the repairs are made.
Shutting off Utilities
Even if you are undergoing a legal eviction, your landlord is still required to provide essential utilties, like water, electricity, and heat. Failure to provide these utilities to your unit is illegal.
If your landlord does not follow the legal proceedings of an eviction, you do not need to leave, and you can take them to housing court. You have rights!
Only a court order can legally prevent you from entering your home. If your landlord attempts to evcit you without going to court
CITATIONS
1. New York State Unified Court System. “New York City Civil Court - Housing Part.” NYC Housing Court. https://nycourts.gov/courts/nyc/housing/eviction.shtml#contents
2. NYC Department of Housing Preservation & Development. “Eviction Prevention.” Eviction Prevention - HPD. https:// www.nyc.gov/site/hpd/services-and-information/eviction-prevention.page.
3. Eviction Lab. “New York, New York: Eviction Tracking System.” Eviction Tracking. https://evictionlab.org/eviction-tracking/new-york-ny/
4. Beth Dillman, Attorney · University of Idaho College of Law. “How to Delay an Eviction in New York.” www.nolo.com, June 9, 2021. https://www.nolo.com/legal-encyclopedia/how-to-delay-an-eviction-in-new-york.html
5. Legal Assistance of Western New York, Inc.“General Eviction Information for New York.” General Eviction Information for New York , May 8, 2023. https://www.lawny.org/node/69/general-eviction-information-new-york.
6. “New York City Tenant Resource Portal .” NYC Tenant Support Unit. https://www.nyc.gov/content/tenantresourceportal/pages/
7. Legal Aid Society. “Have you received a Marshal’s notice?” https://legalaidnyc.org/get-help/housing-problems/marshals-notice/.
This Tenant Toolkit consists of 10 Sections, and is an integral conponent of BUILDING TENANT POWER WITH BHIP, a collaborative project with Bushwick Housing Independence Project. It was developed by Parsons MS Design and Urban Ecologies Class of 2025. Section 07: Navigating Housing Court has been developed by: Isabelle Groenewegen
HOUSING COURT BASICS
Going to housing court can be intimidating but it is also a chance to assert your rights and demand better housing conditions.
This introduction will give a summary of how to navigate housing court if you are facing an eviction or want to take your landlord to court for poor housing conditions or harassment.
The end of this document has resources that will go deeper into these topics and introduce other things to know about housing court. Use this as a guide but remember, it is not legal advice!
What is housing court?
Housing court is where you go to:
Settle any issues between landlords and tenants. Get help with any housing issues you are facing.
Why go to housing court?
A landlord may take a tenant to court for not paying rent (nonpayment case) or for breaking rules (holdover case). If the landlord wins the case, the tenant can be evicted.
A tenant may take the landlord to court for an illegal eviction case (see SECTION 6 of the Tenant Toolbox), an hp action (see below), or a 7a proceeding (https://tinyurl.com/2rz6u5x2).
If you have questions about your housing rights, there are also lots of resources you can get from the court building.
Brooklyn Housing Court 141 Livingston Street, Brooklyn, NY 11201
What are my rights in housing court?
Tenants have the right to an interpreter and to a free lawyer if you meet certain requirements. Immigration status does not affect these rights.
FACING EVICTION?
The only legal way a landlord may evict a tenant is through an eviction proceeding in Housing Court.
If a landlord attempts to evict a tenant with a “self-help” eviction, the tenant could sue the landlord for damages.
Nonpayment of rent
If rent is 14 days late, the landlord can start eviction proceedings. The landlord must provide a 14-day notice to pay rent or leave the building before filing for an eviction. This gives tenants 28 days to pay rent before the landlord files for an eviction.
WHY IS MY LANDLORD TRYING TO EVICT ME?
Other reasons*
violation of lease holdover tenancy health & safety hazard illegal use of premises owner occupancy
demolition/renovation
For information on preventing eviction for non-payment go to SECTION 6 of the Tenant Toolbox
DELAY PAYING RENT IN COURT
Adjournment is when you ask the judge to reschedule the hearing for a later date because you have new evidence or need more time to prepare for the hearing. When you reschedule, you have more time before the judge makes a final decision. To get an adjournment you must go to court and ask the judge. Go to this link for more info: https://tinyurl.com/4mdcm38p
Order to show cause (OSC) is a form you fill out to ask the court for a new hearing, giving you more time to pay rent or stopping the marshal from evicting you. you need to have evidence for why you did not comply with your court order or stipulation or why you did not come to court for your hearing to get the OSC approved. Go to this link for more info: https://tinyurl.com/4fwwt3j4
FACING EVICTION?
DEFENSES & COUNTERCLAIMS
You might have evidence why you shouldn’t have to pay or should pay less, for example:
Payment: You’ve paid all your rent before the court date or you’ve paid for repairs that cost you more than the amount you owe for rent.
Overcharged: Landlord has charged more than the rent controlled or rent stabilized amount or more than your lease says.
Warranty of habitabilty: Landlord has failed to keep safe conditions and working services.
Refusal of rent: Landlord won’t accept your rent.
Laches: Landlord waits a long time to sue you to cause surprise.
Harassment: Landlord harasses you to force you out. SECTION 5 of the Tenant
Toolbox has more information on tenant harassment.
Making a claim: You must be specific about what the landlord is doing to try to get rid of you.
You should describe actual incidents and collect as much evidence as possible. Examples of evidence include text messages between you and the landlord, photos of apartment damage, and proof of rent payment. For help on developing a strong counterclaim, go here: https://tinyurl. com/5ehrtzfy
right-to-counsel BASICS
Tenants with a lawyer have had an 84% chance of staying in their home.
Right-to-counsel means you can get free lawyer to represent you in an eviction case. To get a free lawyer, your income must be at or below 200% of the federal poverty line.
AM I ELIGIBLE FOR A FREE LAWYER?
<$29,160
<$39,440
<$49,720
<$60,000
<$70,280
<$80,560
<$90,840
< $101,120
WHAT IF A LAWYER ISN’T AVAILABLE?
There are not always enough right-to-counsel lawyers available to represent your case. Here are some tips for representing youself:
There are resources in English and other languages to explain confusing legal terms: There is strength in numbers! Join a tenants organization to build a case for why you shouldn’t be evicted. Go to SECTION 8 of the Tenant Toolkit for more information on organizing.
‘Housing Court Answers’ legal resources page (https://tinyurl.com/3wzhmfty) and this list of nonprofit legal services providers (https://tinyurl.com/3ub43dk9) are good places to find free legal advice.
Number of people in Household Annual Household Income
TIPS FOR HOUSING COURT
ALWAYS COME TO COURT !!!
ALWAYS COME TO COURT
Many tenants face eviction because they miss their dates or come to court late.
In housing court, the courtroom is called a “part”. Go to the part where your case is scheduled and check in.
ARRIVE EARLY
ARRIVE EARLY
There is often a line for security, check-in, and the elevators.
The judge will call you to come
WHAT TO EXPECT: NON-PAYMENT
The case does not move forward for certain reasons eg. the landlord stops the case, the landlord and tenant reach an agreement outside court, the tenant leaves the rental unit before a formal eviction happens.
TENANT DOES NOT ANSWER THE CASE
Always answer the case!
Many tenants don’t formally answer the landlord’s filing. When a tenant fails to answer, the landlord can request a default judgement, which permits an eviction.
LANDLORD FILES NON-PAYMENT EVICTION CASE & NOTIFIES TENANT
Remember!
Before a landlord can file a non-payment eviction case, they must first notify the tenant by certifed mail that the rent is due, the months for which rent is owed, and the amount.
The tenant then has 14 days to pay the rent before the landlord can file a non-payment eviction case.
TENANT ANSWERS OUTSIDE THE COURT
The tenant should always answer the case, either orally or by writing.
To answer orally, you must come to Court and speak to a clerk at the counter who will check off a Landlord/ Tenant Answer In Person form.
To answer in writing, you may come to the clerk’s office and request a Landlord/Tenant Answer In Writing And Verification form from the clerk at the counter. You may also download the form
Answering in writing is more complicated and if not done properly, your answer may be rejected.
Find out more here: https://tinyurl.com/4veazkak
CASE DOES NOT MOVE FORWARD
LANDLORD REQUESTS DEFAULT JUDGEMENT
If the tenant doesn’t answer the case or doesn’t show up for trial, a landlord can request a default judgement, which permits an eviction. In New York, 40% of eviction warrants are because of a default judgement.
TENANT DOES NOT SHOW UP FOR TRIAL. LANDLORD REQUESTS DEFAULT JUDGEMENT
LANDLORD & TENANT REACH AN AGREEMENT OUTSIDE OF COURT
LANDLORD & TENANT SHOW UP AND THE COURT HOLDS TRIAL
Usually, the case between the landlord and the tenant is settled in the hallway outside the court room. When the landlord and tenant reach an agreement outside of court, there is no need to go to trial. The stipulation is the written agreement made between the landlord and the tenant. The tenant should not be pressured into agreeing to anything unfair.
To make sure the stipulation is fair, read more here: https://tinyurl.com/mw862s2v
EVICTION CASES IN COURT
If the case is dismissed, it means the judge decides that the landlord does not have a good reason to evict the tenant.
CASE IS DISMISSED
COURT ISSUES A DEFAULT JUDGEMENT TO EVICT
COURT ISSUES A DEFAULT JUDGEMENT TO EVICT
CASE IS DISMISSED
COURT ISSUES A JUDGEMENT FOR THE LANDLORD
COURT ISSUES A JUDGEMENT FOR THE TENANT
If the judgement is issued for the tenant, it means the tenant wins the case. This might mean the case is dropped or the landlord owes the tenant money.
COURT ISSUES A WARRANT OF EVICTION
The warrant tells the marshal the earliest date on which an eviction can take place according to the court’s judgment.
By executing the warrant, the marshal is coming to your rental to remove you and your possessions.
CITY MARSHAL EXECUTES A WARRANT TO EVICT TENANT
YOU STILL HAVE A CHANCE!
To stop the marshal from evicting you, go to court to file an order to show cause
YOU STILL HAVE A CHANCE!
Even if a default judgment has been made in favor of the landlord, you can ask the court to cancel it. The tenant must provide both an excuse for failing to answer and one or more reasons why the landlord’s case was not valid.
Common reasons for not answering a petition or not appearing in court include: failure to receive the court summons, illness, misinformation from counsel or a court employee, incarceration, or inability to miss work.
Common meritorious defenses (reasons why the landlord’s case was not valid) include: full or partial payment of rent, failure of the landlords to make repairs or provide services such as heat or water, or harassment by the landlord.
A tenant can also seek to vacate a default judgment by showing that the default was obtained through fraud or deception. If a court accepts the tenant’s reason for not answering, it will vacate the judgment and allow the tenant to present defenses at a later date.
Diagram adapted from: NYU Furman Center, Half the Battle is Just
Showing Up: Non-Answers and Default Judgments in Non-Payment
Eviction Cases Across New York State
YOUR LANDLORD
HP ACTIONS tenant harassment
WHAT IS AN HP ACTION?
HP actions are filed by tenants against landlords who violate housing standards, on purpose or unintentionally.
WHY START AN HP ACTION?
To force landlords to repair the apartment & public areas of the building and provide essential services.
WHO STARTS AN HP ACTION?
Anyone who lives in the apartment legally can start an hp action, including: tenants named on the lease, monthto-month tenants, subletters, roommates, licensees and tenants in the same building.
There are community groups that can help you bring a group action. Go to SECTION 8 of the Tenant Toolbox for more information.
WARRANT OF HABITABILITY
This law makes it a contractual requirement that your landlord fix your apartment, no matter what your lease says about who has to make repairs.
Here are examples of violations of housing standards. If you think your landlord is violating these standards to force you out, it may count as tenant harassment. Tenant harassment can also take other forms. See SECTION 5 for more information.
TO COURT
Tenant harassment is when a landlord does something (threatens tenant) or doesn’t do something (doesn’t provide heat or water) to make someone who legally lives in a room or apartment want to leave, or give up their rights as a tenant. Go to SECTION 5 of the Tenant Toolbox for more information on what counts as tenant harassment.
tinyurl.com/a99hk3du
https://tinyurl.com/32463u75
Often, landlords harass low-income tenants to force them out in favor of higher paying tenants. You file an HP action for harassment if you think the landlord is witholding essential services or not making repairs to force you out. If you win a harassment case, you will receive compensation.
CHECKLIST FOR COURT
EVIDENCE FOR A STRONG CASE
Bring the things listed below to court to make sure you are prepared to win your case!
All court papers and other papers you have received from your landlord.
Your lease and renewal leases, if you have them.
If the case is for nonpayment of rent, bring proof of your rent payments. Bring rent receipts, canceled checks or copies of money orders.
Records of all your apartment and building problems, including problems with heat, hot water and all other repairs and services.
Photographs of all problems in your apartment or building. Label the photograph with the date it was taken and what is pictured.
Copies of letters or other documents you sent to the landlord, superintendent or government agencies (and proof, if you have it, that the letters were mailed and received) regarding problems with your apartment or building.
Lists of the dates on which you talked with the landlord, superintendent or other building staff about problems in your apartment or building and what you said.
Receipts for labor and materials for any repairs that you made.
Anything else you believe will help your case.
If your case is scheduled for a hearing or trial, also bring all witnesses you want to testify. Your witnesses must be present for the hearing or trial because in general, sworn statements and affidavits are not permitted at a hearing or at trial.
This Tenant Toolkit consists of 10 Sections, and is an integral conponent of BUILDING TENANT POWER WITH BHIP, a collaborative project with Bushwick Housing Independence Project. It was developed by Parsons MS Design and Urban Ecologies Class of 2025.
Section 08: So You Wanna Organize? developed by : Soraya Barar + Aqdas Fatima
This is not an instruction book or manual. It is meant to be used as a tool to build power within yourself and your community. It exists to offer you strategies and resources to do so.
WHAT IS ORGANIZING?
coming together
organizing means building community and working together to achieve your housing goals.
making noise
organizing is a way to show your knowledge of your rights and hold management accountable.
for everyone!
organizing does not need any prior experience, it is for anyone patient, persistent, and willing to work with others!
WHY DO WE ORGANIZE?
Bushwick has a long and powerful history of organizers fighting for their community and their rights to fair housing.
“I think we need to get back to [organizing] Like we absolutely need to get back to just having a voice, fighting, fighting for what’s right.”
- Erica Coca, speaking about her mother, Yolanda Coca’s organizing work and cofounding BHIP
ORGANIZING CAN HELP BUILD POWER WITHIN
YOU AND YOUR COMMUNITY, WHICH IS EVEN MORE IMPORTANT IN THE CONTEXT OF A GENTRIFYING AND RAPIDLY CHANGING BUSHWICK.
If you are a tenant in Bushwick, and if you are dealing with issues such as:
- mold
- persistent pests
- structural instability
- leaks
- incompetent management staff
- harassment from management staff
- faulty utilities, etc.
know that you are not alone
Bushwick Class C Housing Code Violations
each dot ( ) represnets a class c “immediately hazardous” housing violation in Bushwick
20% OF BUSHWICK RESIDENTS ARE LIVING IN CONDITIONS WITH IMMEDIATELY HAZARDOUS HOUSING CODE VIOLATIONS
Tenant organizing can be a way for you to bring about the changes you would like to see in your living situation!
Organizing in your building provides opportunities for mutual learning specifically about the rights that you have as tenants!
This is your power.
If you want to learn more about your tenant rights and if they’re being violated, look at our tenant rights index.
HOW CAN WE ORGANIZE IN OUR BUILDILNG?
START A TENANTS ASSOCIATION!
what is a tenants association?
A Tenants Association (TA) is a group of tenants who live in the same building and choose to join forces to advocate for themselves! (particularly when dealing with their landlord or management)
Tenants associations come in all shapes and sizes, they can be as small as two people joining forces to advocate for themselves and their building.
Real Property Law Sec. 230 prohibits landlords from harassing or retaliating against tenants who exercise their right to organize in their building.
Rent strikes can also be a powerful outcome of tenant organizing and have been used throughout NYC history to push for change and demand landlord action.
During the COVID-19 pandemic many Bushwick tenants gathered in Maria Hernandez park to call for long-term permanent solutions to landlord neglect and rising rent prices
what makes a tenants association powerful?
Unifying many voices in one group for collective demands
Realizing power through shared experiences of struggles and hardships felt in the building - no one is alone!
Building trust and confidence between neighbors for a shared collective future.
Our demands are stronger in numbers!
Learn about your housing rights see page x to review your rights
Talk to your neighbors (door knocking and leaving notes if no one answers) see page x for sample script
If you are new to the building, ask if there has been a tenant association before
Decide on a date (and place) for the first meeting see page x for a sample flyer
Make the agenda for the first meeting (make it collaborative!) see page x for sample meeting agenda
Do some extra research about your building and the owner see page x for tips on researching your landlord 1 2 3 4 5 6
Collectively come up with a clear list of demands (think about what you want to see changed or fixed) see page x for a tenant inspection checklist
Send the demands to your building management + landlord (give them a deadline to respond!) 7 8 ready to start? next steps:
SAMPLE SCRIPT FOR TALKING TO YOUR NEIGHBORS
Adapted from DSA Tenant Organizing Handbook
Hi, my name is _______ and I live in apartment _______ . I’m here to talk about starting a tenant association in our building.
How long ha ve you lived here? Do you know if there ha s ever been a tenant association meeting in this building before?
Do you ha ve any proble ms in your apartment or the building as a whol e? How do you feel like our landlord treats you?
How ha ve you seen things being ch anged in this building whil e you ha ve lived here?
Did you know th at our building ha s a high number of code violations?
If tenants join together we will ha ve a lot more power over our landlord to make sure th at our needs are met and th at we are not pushed out of our neighborhood.
Many landlords in the neighborhood ha ve been trying to push out long term rent stabilized tenants, so th at they can rent to people who ha ve more mone y to pa y higher rents.
Do you ever feel like the landlord wants you to move?
Rent stabilized tenants ha ve rights, but we ha ce to come together to make sure we know about them and th at they are enforced/
Would you be interested in coming to a tenant association meeting? Or forming a tenant association?
Do you want to help plan this first meeting with me?
Can I take down your name and phone number or email address to follow up with you for the meeting?
CONTACT LIST
SAMPLE MEETING AGENDA
Intr oductions:
Name, how long you ha ve lived in the building/Bushwick, and wh at brought you here tonight.
Getting Star te d:
Review of tenants rights
Wh at is going on in the building? In Bushwick?
W hat do we need t o fight for ? Conditions
Displacement
Buy-outs
Ille gal hotels
Making a plan to do something about it, t ogether ! Who ha s power? Our landlord. If we organize, we can shift power:
i. More access to media
ii. More access to el ected officials
iii. Ch ange unjust laws!
Get your rent history: in order to fight back we need as much information as possible
Fill out apartment condition survey
Take a vote to organize!
Ne xt st eps:
Letter to the landlord
311 call in da y at the building
Identify floor captains
Set a next meeting date
Coll ect apartment repair surveys
SAMPLE TENANT ASSOCIATION MEETING FLYER
attention grabbing heading with building name/number
Th anks to a successful 311 da y, the department of health issued a stop-work order for dust in the ha llways whil e they c heck for l ead. We still need the department of buildings and HPD to do a full inspection of the building so
Many residents ha ve already requested their rent histories to determine whether our preferential rents are le gal. Pl ease bring your rent history to the next tenant meeting. 2. *keep calling 311 to report issues*
brief description of completed actions and updates. to-do list for next tenant meeting.
call to action
details about the next meeting
Wednesda y, Ma y 27th 7:30 pm
contact info
TIPS FOR RESEARCHING YOUR BUILDING + YOUR LANDLORD
Vi sit the NY C Department of Housing Pr eser va tion + De ve lopmen t ww w. ny c.go v /hp d
Check how many 311 complaints your building ha s
Check how many code violations your building ha s
Who is the “head officer” of your building --> do a quick search and see wh at kind of reputation they ha ve
Vi sit the NY C Department of Finan ce ’s City Rec or d
ww w. ny c.go v/ acris
When was the last time your building was sold
Wh at is the name of the LLC th at owns it?
Wh at is their address?
Who is the le nder?
Who signs the mortga ge on your building? Does your building receive any tax exemptions?
Vi sit the NY C Rent Guidelines Boa rd https: // re nt guidelinesboa rd .c it yo fn ew yo rk.us/
Is your building rent stabilized?
Vi sit the Department of Buildings
ww w. ny c.go v/ dob
Is the landlord filing for alteration permits? For wh at units? Wh at contractors are they using?
HOW CAN WE BUILD COMMUNITY POWER?
For organizing to bring meaningful change, it is important to connect with your community and collectively build power.
Don’t worry! This can be done through simple actions. Some ways to powerfully engage your community are by:
going pubilc with your fight
Share your story - talk to those around you about your housing experiences and listen to their stories, or look for online platforms such as Facebook groups to tell your story.
Hold a press conference - a press conference can help publicize your event to many news outlets in your region. If you are putting together a rally, vigil, or another event, a press conference can be used to publicize the issue.
Volunteer as a witness for public hearingsattending public hearings is a great way to learn more about housing issues in your area, connect with other people, and think see ways to make your situation better.
To learn more about holding press conferences see: How to Organize a Press Conference https://bit.ly/4aSlEP7
knowing your networks
Get your neighbors involved - the best way to make your organizing effective is to involve others! Think of ways such as door-knocking and arranging neighborhood get-togethers to connect with the people around you and bring them into conversation.
Plan an event - you can scale this up by planning informational or social events in your block/neighborhood to help people understand their housing rights and build community action.
Think of places you can look for support within your neighborhood; these could be churches, libraries, parent groups, etc.
putting public pressure
Put up signs + community art - get involved with local artists and volunteers to publicize your fight and spread information about housing rights.
Engage with elected officials - learn about your elected officials, ask them questions, and share your concerns by through email or by calling their offices.
Organize a protest or march - get everyone involved by staging peaceful protests and marches to publicly communicate your demands.
WHAT ABOUT THE LONG TERM?
To sustain your work and solve housing concerns over the long term, it is important to make sure you stay connected with others and your actions don’t exhaust you.
Try and remember to:
build morale
This work is hard and can be very exhausting, reward yourself and your community for the victories you win (even small ones).
- self-care practices
- community building activities
- potlucks, block parties, reading circles etc.
check-in
Checking in with eachother and ourselves helps to prevent burnout and stay organized.
- schedule regular meetings or check-ins
- distribute tasks and responsibilities
- rotate leadership roles
connect
Connecting your building to a tenant union and connecting with other tenant unions or other tenant associations starting with your block and other organizations working on housing issues can help to sustain the movement and momentum you have already started to build.
- brooklyn eviction defense
- opera house tenant union
- full-time tenant union
- ridgewood tenant union
- crown heights tenant union
- southwest brooklyn tenant union
THE STRENGTH IS IN YOUR SOLIDARITY. TOGETHER, WE EMPOWER CHANGE.
CONNECTING WITH ORGANIZATIONS
You are not alone in your efforts for fair housing! Find support by connecting with organizations and associations around you.
connect with bhip
Bushwick Housing Independence Project is a non-profit organization working on housing issues in Bushwick. Their anti-displacement work is grounded in a commitment to maintaining the social and cultural fabric of Bushwick, not just preserving individual homes but also history, culture and community networks–the fabric of the neighborhood.
If you need help understanding your housing rights and support with organizing, you can learn more about the organization through their website:
https://www.bhipbk.org/
find other associations + coalitions
Another great way to ground your organizing efforts and expand their impact is by connecting with other tenant associations and unions in Bushwick or other nearby neighborhoods. Some tenant associations & coalitions operating in Bushwick include:
- Bushwick Houses Resident Association
- Flatbush Tenant Coalition
- Tenants & Neighbors New York
- Starrett Tenants Association Inc
- ATA Tenant Association
need more help?
There are several non-profit housing organizations working in Bushwick that you can reach out to
Some organizations working on specific issues are:
Legal:
Bushwick Economic Development Corporation
Brooklyn Community Housing and Services
Los Sures
Finances: Riseboro
Churches United For Fair Housing
Eviction: Breaking Ground
The Bridge
Maintenance: NYCHA
NYC HPD
Riseboro
UHAB
ADDITIONAL RESOURCES
housing justice for all
www.housingjusticeforall.org/toolkits
dsa housing working group
how to defend your home
www.housingjusticeleague.org
tenant organizing manual
www.tenant.net www.socialists.nyc/working-groups
09 HOUSING ORGANIZATION
This section has been developed by : Leah Roy + Aqdas Fatima
Bushwick Housing Independence Project:
Phone: (718) 574-3007
Address: 144 Bleecker St, Brooklyn, NY 11221
Federal Department of Housing and Urban Development (HUD):
Email : NY_Webmanager@hud.gov
Phone: (212) 264-8000
Address:
Jacob K. Javits Federal Building 26 Federal Plaza, Suite 3541
New York, NY 10278
New York State Division of Housing and Community Renewal (HCR):
Phone:718-722-4778 (brooklyn borough rent office)
Address: Queens Gertz Plaza 92-31 Union Hall Street Jamaica, NY 11433
Brooklyn Borough Rent Office 55 Hanson Place, 6th Floor Brooklyn, New York 11217
New York City Housing Authority (NYCHA):
Phone:718-491-6967(Brooklyn)
Address:
Brooklyn/Staten Island/Queens 787 Atlantic Avenue, 2nd Floor Brooklyn, NY 11238
1 2 3
The Bridge:
Email : info@thebridgeny.org
Phone: (212) 663-3000
Address:
290 Lenox Ave., 3rd Fl, NewYork,NY 10027
RiseBoro Community Partnership : Email : info@riseboro.org Phone: 718-821-0254
Address:
RiseBoro Community Partnership 565 Bushwick Avenue Brooklyn, New York 11206
This Tenant Toolkit consists of 10 Sections, and is an integral conponent of BUILDING TENANT POWER WITH BHIP, a collaborative project with Bushwick Housing Independence Project. It was developed by Parsons MS Design and Urban Ecologies Class of 2025.
Section 10: Resources developed by : Zoe Moskowitz
WRITE YOUR OWN LETTER
WRITING TO YOUR LANDLORD
LANDLORD TEMPLATE
CITATIONS
1 Community Toolbox. https://ctb.ku.edu/en/table-of-contents/advocacy/direct-action/letters-to-elected-officials/main
2 People Clerk. https://www.peopleclerk.com/post/landlord-complaint-letter
