Starting an Illegal Lockout Case

An illegal lockout occurs when a person, having legally occupied an apartment for at least 30 days (with or without a lease), is forcibly removed or locked out of their apartment without a court order.

It is not an illegal lock-out case if an occupant has been evicted by a marshal based upon a warrant of eviction issued by court.

If someone is unable to enter their home because the locks have been changed or was forcibly removed, the first thing they should do it is call or visit the local police department for help.

If the police are unable to help, come to court immediately and start a case called an "illegal lockout."

The case must be started in the county where the property is located. For example, if the property is in Brooklyn, the case must be started in Kings County Housing Court. If the property is in Manhattan, the case must be started in New York County Housing Court. Use the Court Locator box to find contact information for the court.

There is a filing fee needed to start the case. See Court fees.

If think you cannot afford to pay the fee you may apply for a Fee Waiver. The judge will review your form and determine if you qualify

 

Forms needed to File

All the forms can be obtained at the Housing Court Clerk's Office.

• An Order to Show Cause to Restore Possession
• A Verified Petition in Support of the Order to Show Cause (this is a sworn document)- should tell how and when you have been wrongfully put out of your apartment and identify who illegally changed the locks (e.g., landlord or roommate)
• Fee Waiver Forms- if you feel you cannot afford the filing fee
• Valid identification with signature so that court personnel may notarize the signature of the person seeking to be restored to their home

 

After Filing the Forms

If the judge signs your Order to Show Cause, you must pay the court fee to obtain an index number. The fee must be paid by cash, certified check, money order or bank check. Personal checks are not accepted. If the judge signed the fee waiver forms, you will not need to pay.

 

Preparing to Serve the Forms

• After the Clerk returns your signed copy of the Order to Show Cause and Verified Petition to you, make additional copies for each respondent named and Department of Housing Preservation and Development (DHPD)
• The tenant must serve the papers the way the Order to Show Cause tells you to
• The copies of the Order to Show Cause must be served by the date the judge put in the Order to Show Cause
• Place the Order to Show Cause that shows the court date on top of the verified petition and any additional paper that may be served

You must serve your petition in the manner directed in the Order to Show Cause in lieu of Notice of Petition. See: How to Serve Court Papers.

 

After Serving the Forms

An Affidavit of Service must be completed after serving the Order to Show Cause in lieu of Notice of Petition and witnessed by a notary. If the court required the court papers to be mailed, proof of service, such as stamped dated receipt from the Post Office, must be attached to the Affidavit of Service.

The tenant must return to court on the date and time indicated on the Order to Show Cause.

 

What to Bring to Court

• A copy of your court papers
• Affidavit of Service of the Order to Show Cause
• A valid government identification with your name and address
• A copy of the lease, rent receipts, utility bills and mail addressed to you at the apartment

 

What Happens in Court

All cases start in the Resolution Part. If an agreement cannot be reached and if the case is ready for trial, it is assigned to a Trial Part to heard on a future date. Since it is an illegal lockout case, any adjournment is short.

The judge in the Trial Part will listen to all sworn testimony, review evidence and decide the case. Visit How to Prepare for a Landlord-Tenant Trial.