What is tenant harassment?

Tenant harassment is when a landlord takes action to force any tenant to leave their home, or give up their rights. 

What landlord actions may be harassment?

• Using force or threatening to use force
• Interrupting or discontinuing essential services like heat, hot water, or electricity
• Refusing to repair to remove a Department of Buildings “vacate order”
• Commencing repeated baseless or frivolous court proceedings
• Removing a lawful tenant’s possessions
• Removing the apartment door or changing the lock without giving the tenant a key
• Other acts that interfere with the peace of a tenant, that cause a person to leave the apartment or waive their tenant rights

How does a tenant start a harassment case in Housing Court?

• A tenant can start an “HP case” in Housing Court by filing a petition and describing the problems in the apartment. A case costs $45, but the court will waive fees if the tenant cannot afford the fees.
• The tenant will need to deliver the documents to the landlord and the NYC Department of Housing Preservation and Development (HPD).
• HPD will also perform an inspection of the apartment.

How does a tenant prove harassment?

On the first court date, the tenant should ask to speak with the judge and explain the harassment. The tenant should bring proof, such as: 

• Audio or video recordings of the landlord or super’s conduct
• Pictures of ongoing problems within the apartment
• Letters or notes and proof of mailing to the landlord
• Logs to show heat, hot water, or leaks
• Other evidence showing the harassment

What is the punishment to the landlord for harassment?

• $1,000 (or $2,000 if repeat offender) to $10,000 fine to be paid to New York City
• The court can issue a restraining order against the landlord
• NYC HPD will record on its website that the landlord has harassed the tenant

How else can a tenant claim harassment?

A rent-regulated tenant can make a harassment complaint by submitting form RA-60H, “Tenant’s Statement of Complaints – Harassment” to the New York State Division of Housing and Community Renewal (DHCR). A harassment complaint to DHCR may result in an order to stop, fines for the landlord and your rent being frozen until there is compliance.

Obtain the form by calling 1-866-ASK-DHCR or download it here). 

Resources: 

• DHCR Information about Tenant Harassment and Filing a DHCR complaint
• NYC Department of Housing Preservation & Development Information about Tenant Harassment
• NYS Attorney General’s Office Information about Tenant Protections from Harassment.  
• LawHelp – HP Court Form Creator

For free legal help, call Legal Services NYC at 917-661-4500 Monday through Friday from 9:30 a.m. to 4 p.m. Learn more about our intake process here.

* The information does not constitute legal advice. You should always consult an attorney regarding your matter. Legal help subject to capacity and location.