When the survivor is the one facing eviction
Landlords sometimes start eviction cases over noise, property damage, or repeated police calls that were caused by an abuser. New York law protects people from housing discrimination based on their status as a victim of domestic violence, and in federally assisted housing, federal law adds protections against eviction because of abuse directed at the tenant. These protections do not erase every lease issue, but they can change how a case is framed and what a court will consider. New York also allows a tenant who is a victim of domestic violence to end a lease early in some circumstances, through a written notice process set by statute.
Getting an abuser out of a shared home
Removing an abuser usually runs through an order of protection rather than an eviction case. Family Court and criminal court can issue orders that direct the person to stay away from the home, sometimes even when that person's name is on the lease or deed. Who keeps the apartment over the longer term can involve the lease, the landlord, and any related family or divorce case, and those questions are worked out separately. Anyone in immediate danger should call 911, and the national and state domestic violence hotlines can also connect you with advocates and shelter.
Papers and a safe place to keep them
Keep the lease, any notice from the landlord, police reports or incident numbers, any order of protection, and medical or advocate records if you have them. Store copies somewhere the other person cannot reach, such as with a trusted friend or an advocate, or in an account they do not know about. When we speak, we sort out which court each issue belongs in, whether an eviction case is already pending and when the next date is, and what you need to stay housed safely while the larger questions are resolved.
