Illegal lockout in NYC: what to do if your landlord changed the locks

You come home and the key does not work. The locks have been changed. Or your belongings are outside the door. In New York City, this is not a gray area — it is an illegal act, and you have immediate legal remedies. Here is what the law says and exactly what to do.

What the law says

Under NYC Administrative Code § 26-521 and New York Real Property Actions and Proceedings Law § 853, a landlord cannot remove a tenant or restrict their access to their home without a court order executed by a city marshal. This protection applies to every tenant who has lawfully occupied a unit for 30 or more consecutive days.

It does not matter whether you owe rent. It does not matter whether your lease has expired. It does not matter whether the landlord claims you violated the lease. A landlord generally must use the Housing Court eviction process and cannot use self-help measures to remove a tenant.

The following actions, taken without a court-issued warrant of eviction, are all illegal lockouts:

The emergency procedure — step by step

Step 1: Do not force entry. Do not break the door or try to remove the new lock yourself. Doing so creates legal and safety risks that complicate your case.

Step 2: Call 911. If you are locked out of your home, call 911 and report the illegal lockout. Officers can accompany you to document the situation. Their presence and any incident report are evidence.

Step 3: Call 311 and ask for the Tenant Helpline. 311 can connect you with resources and document your complaint.

Step 4: File an Order to Show Cause in Housing Court — immediately. Go to the Housing Court in your borough during business hours. Ask the clerk for the Illegal Lockout Proceedings Packet (Order to Show Cause — Illegal Lockout). Court fees may apply, but tenants who cannot afford them can ask the court about a fee waiver. The court treats illegal lockout cases as emergency proceedings. Hearings are generally scheduled very quickly, often within one or two days. Bring: a photo ID, your lease or any proof of residence (mail, utility bill), and any evidence of the lockout (photos, video, a record of the landlord's communications).

Step 5: Contact a tenant legal service. Legal Aid Society, Brooklyn Legal Services, and other organizations handle illegal lockout emergencies, including after hours.

What the court can order

A Housing Court judge in an illegal lockout case can order: immediate restoration of your apartment access; return of any belongings that were removed; restoration of utilities if they were shut off; and damages. Under RPAPL § 853, a tenant illegally removed from their home may be entitled to treble damages — three times the actual harm — plus attorney's fees. NYC Administrative Code also provides for civil penalties of $1,000 to $10,000 per violation against the landlord, plus up to $100 per day until access is restored.

This protection applies to all tenants

NYC's illegal lockout protections apply regardless of immigration status. Housing Court serves all New Yorkers, and city policy explicitly prohibits cooperation with immigration enforcement for tenant rights matters.

Three things to establish right now

First, document the lockout immediately: photograph the changed locks, any belongings outside the door, any notices posted by the landlord. Video with a timestamp is strongest.

Second, go to Housing Court the same day if at all possible.

Third, save every communication from your landlord in the days or weeks before the lockout — threats, demands, notices. These establish context and may support a harassment finding alongside the lockout.

Sources

• NYC Administrative Code § 26-521 (Unlawful eviction)
• NYC Administrative Code § 26-523 (Civil and criminal penalties)
• NY Real Property Actions and Proceedings Law § 853 (Treble damages for illegal eviction)
• NYC Housing Court — Illegal Lockout Proceedings: nycourts.gov/courts/nyc/housing
• Legal Aid Society — Housing: legalaidnyc.org/get-help/housing-problems