律Facing eviction: free lawyer (Right to Counsel)
In NYC, if your landlord takes you to Housing Court for unpaid rent or to evict you, households under 200% of the federal poverty line get a free lawyer for the whole case, regardless of immigration status. Others can get free brief legal advice.
Important: this guide is general information, not legal, immigration or other professional advice. Rules may have changed; confirm with the agency before applying. Disclaimer
Who can apply
- NYC tenants, including NYCHA residents
- Full representation if income is under 200% of poverty: about $31,920 for 1 person and $66,000 for 4 in 2026
- Brief advice for others
- Immigration status doesn't matter
How to apply, step by step
- Step 1Don't panic and don't throw the court papers away. Check what kind of case it is: nonpayment (unpaid rent) or holdover (asking you to move out). If you can't read them, get help right away.
- Step 2In a nonpayment case, answer within 10 days of receiving the papers: bring the papers and your ID to the Housing Court clerk's counter and answer out loud; the clerk will give you a court date. In a holdover case you usually answer at the hearing, but check whether the papers ask for an earlier answer.
- Step 3Call for a free lawyer right away: call 311, ask for the "Tenant Helpline", then say "Chinese, please" for an interpreter; or call Housing Court Answers at 212-962-4795 or 718-557-1379 (Mon–Fri 9am–5pm).
- Step 4You can also email civiljustice@hra.nyc.gov with your name, phone number and your Housing Court index number (if you have one).
- Step 5Always go to your first court date. Arrive early for security. Tell court staff "I would like an attorney", or look for someone wearing the teal "Speak with a free lawyer" button. Screening for a free lawyer usually happens on or shortly after the first court date.
- Step 6The court provides free interpreters: tell court staff you need a Chinese (Mandarin or Cantonese) interpreter.
- Step 7Bring your papers: court papers, lease and renewals, proof of rent paid (money order stubs, checks, bank statements, receipts) and proof of income.
- Step 8If you pay all the rent owed before the first court date, a nonpayment case must end. Ask your lawyer or 311 about rent assistance.
Documents to prepare
- Court papers (petition, notice)
- Lease and rent receipts
- Proof of income
After you apply
- Once you have a lawyer: they speak with the landlord or appear in court for you. Cases start in the Resolution Part; if not settled they go to a Trial Part, where a judge hears evidence and decides.
- If you don't get full representation: a legal provider may only be able to advise you on handling the case yourself. A judge can also make a special request for a lawyer for a particularly vulnerable tenant.
- If you don't answer or don't come to court: the landlord can get a default judgment and then use a city marshal to evict you.
- If you get a marshal's notice: don't wait. Contact a lawyer or Housing Court Answers right away; you may still be able to undo the default or stop the eviction.
- To check a court date, call the Housing Court in your borough: Manhattan 646-386-5500, Brooklyn 347-404-9201, Queens 718-262-7145, Bronx 718-466-3025, Staten Island 718-675-8452.
Tips
- Right to Counsel lawyers are free. Anyone claiming to be your lawyer who asks for money is likely a scammer.
- Always keep proof of rent paid: pay by money order or check and keep the stubs; get a receipt for cash.
- A landlord changing the locks or cutting utilities to force you out is illegal. If you're locked out, call 311 or Housing Court Answers.
- If you hire a private lawyer, choose one who specializes in housing law.
Common mistakes
- "My landlord can change the locks": illegal in NY; only a court marshal can evict
- "Without status I can't go to court": Housing Court doesn't ask about immigration status
This guide is general information, not legal or professional advice. Rules change often; confirm with the official website or agency staff before applying.
