A New York attorney who specializes in landlord-tenant disputes summarizes that in New York City, landlords are prohibited from locking tenants out of their apartments without following proper eviction procedures, even if the tenant does not have a written lease but has lived in the property legally for over 30 days. Tenants who have been illegally locked out by their landlord can seek assistance from the police to regain access or file an "illegal lockout" case in Housing Court to be immediately "restored to possession" and allowed to return home.

1. By Donald Harwood, Frozen River
Illegal Tenant Lockout

2. Introduction
 A New York attorney, Donald Harwood is
experienced in entertainment law and real estate
law. Donald Harwood cofounded Harwood Reiff,
LLC, to handle landlord-tenant disputes.
In the state of New York, a landlord violates New
York City Administrative Code 26-521, also known
as the illegal eviction law, if he or she forces a
tenant to vacate an apartment by locking him or
her out. The state requires a landlord to follow
proper procedures for evicting a tenant, even if
the tenant does not have a lease but has
occupied the property legally for a minimum of 30
days.

3. Illegal Tenant Lockout
 A tenant may seek assistance from the police to
regain access to his or her home or go to
Housing Court to start an “illegal lockout” case.
The latter requires immediate action to be
“restored to possession,” which gives a tenant the
right to return home. “Restored to possession”
also applies to tenants who have been legally
locked out by a marshal due to court orders or a
judgment.