What undocumented tenants and apartment hunters should know about their rights in NYC
- Landlords cannot refuse to rent to you, evict you, or discriminate against you because of your immigration status
- You can report discrimination to the NYC Commission on Human Rights or New York State Attorney General
Tenants who live in rent-stabilized apartments are entitled to the protections of rent stabilization, regardless of their immigration status.
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It’s illegal for a New York City landlord to discriminate against a renter or tenant based on their immigration status. But given the recent high-profile arrests of immigrants, it's more important than ever to understand your rights whether you’re looking for an apartment or already living in a NYC rental.
“It is a scary time,” said Allison Yurcik, senior supervising attorney for the New York Legal Assistance Group. “But there are rights that protect people with various immigration statuses.”
Undocumented New Yorkers have the same rights as any other NYC tenant, Yurcik said. That includes protections from discrimination and harassment, a right to a legal eviction process, and a right to the protections of rent stabilization—if you live in a stabilized apartment.
“Your rights as a renter aren’t affected by your immigration status,” Yurcik added.
Enforcing those rights isn’t easy. Raids by U.S. Immigration and Customs Enforcement officials in the Bronx, Upper Manhattan, and Queens have frightened undocumented residents, ABC7 reported. Some schools saw a drop in attendance this week as arrests made headlines, amNY reported.
But it’s crucial to understand your rights so you don’t give them up prematurely, Yurick said. Read on for what you need to know as an undocumented apartment hunter or tenant.
| Rights of undocumented tenants and renters | |
|---|---|
| Can my landlord threaten to call ICE on me? | No, threatening to call ICE on a tenant is an example of illegal discrimination. (It could also be considered coercion under state law.) |
| Can my landlord evict me from my NYC apartment because of my immigration status? | No, your landlord cannot evict you simply because you’re undocumented. |
| Can my landlord lock me out of my apartment? | No, NYC tenants can only be evicted after a court case and by a sheriff or marshal with a warrant. |
| Can a landlord require proof of citizenship to rent an apartment? | No, refusing to rent to an undocumented New Yorker is illegal discrimination. Landlords can only ask about immigration status in “very limited circumstances,” per the state Attorney General. |
| Am I entitled to the protections of rent-stabilization if I’m undocumented? | Yes, tenants who live in rent-stabilized apartments are protected by the rent stabilization laws regardless of their immigration status. |
| Can my landlord retaliate against me if I report their discrimination? | No, it’s illegal for landlords to retaliate against tenants who report discriminatory behavior. |
Past fines for landlords, dealing with ICE
The city has punished landlords for these threats in the past. In 2017, an NYC judge ordered a Queens landlord to pay $17,000 in fines and damages for threatening to call ICE on a tenant, the Wall Street Journal reported. (The landlord later appealed the case, though a judge dismissed the appeal, according to court records.)
And FYI: A tenant does not have to let an ICE agent into their apartment unless that agent has a warrant signed by a judge, said Ellen Davidson, staff attorney at the Legal Aid Society. (You can check out more information on what to do during a raid in English and Spanish online.)
“Most of the time, when ICE is knocking at the door, they don't have a warrant signed by a judge, which means people do not have to let them in,” Davidson said.
How can I report discrimination?
If you’re experiencing harassment or discrimination, you can contact the NYC Commission on Human Rights by calling 311 or call their informational hotline at (718) 722-3131. You can also file a complaint online.
The state Attorney General’s office can also take complaints from tenants online, and you can call their immigration hotline at (800) 566-7636. Or you can report an incident to the Manhattan District Attorney’s Office via email or by phone by calling the tenant hotline at (212) 335-3300. The DA will forward your complaint to the appropriate agency, according to their website.
If you live in a rent-stabilized apartment, you can also reach out to the Department of Homes and Community Renewal by calling (866) 275-3427 or (718) 739-6400 for more information.
