If you are locked out, you can call the police. If you have proof that you live at that location the police should assist you in getting back into the residence. It is helpful if you have an ID or bills that demonstrate that you live at that location. If you do not have documents, you could ask other residents to vouch for you. The police can speak to the landlord and tell them to allow you back in or allow you to change the lock to the residence.

If you don’t want to call the police or they do not help you to get back into your residence, you can file an illegal lockout case by going to the housing court in your borough. You can find a list of all housing court locations by visiting NYCourts.gov. At court you will be given forms to fill out. Once those forms are filled out, you will be given a court date, and you will have to send the forms to the landlord. Follow the judges’ instructions closely or you risk your case being dismissed in the future.

At your court date you will have to prove to the court that you have lived in the apartment for more than thirty days or that you have an agreement that allows you to live in the apartment. The judge can order the landlord to let you back into the residence. If there are any disputes or the judge needs more information before making a decision, the judge may adjourn the case and ask you to come back another day. Even if you have been illegally locked out, the judge may not allow you to return to the residence if you don’t have any long-term rights to stay there.

Different judges may decide the case differently. However, even if you are not allowed to return, most judges will allow you back to the residence to gather your belongings. If the judge finds you have been locked out, you may be entitled to money from the landlord to compensate you for any money you had to spend due to being locked out. Although you can ask for money in your housing court case you may have to go to small claims or civil court to get this money.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.