Skip to main content

NYC due process/civil rights violation

New York, NY |

Can the police be used to kick someone out of their basement-residence if the person has been paying rent and without an eviction notice or prior notification? Shouldn't there be due process? Can this count as wrongful eviction as well?

Attorney Answers 3


  1. The police have no right to throw anyone out unless there is a danger of domestic violence. Otherwise, the parties must be referred to Landlord Tenant Court. We need to know more information.

    Answers to questions posted on the AVVO website as well as content contained on The Sanders Firm, P.C., website is intended for informational purposes only. Nothing in such answers or the content contained on The Sanders Firm, P.C., website is to be considered as either creating an Attorney-Client relationship between the reader and The Sanders Firm, P.C., or as the rendering of legal advice for any specific matter. Readers are responsible for obtaining such legal advice in consultation with a licensed Attorney.


  2. Is this an illegal apartment? Generally the police don't get involved but they might if they think there is an imminent danger. I suggest you consult with a lawyer who handles illegal eviction cases. I handle such cases.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.


  3. You should consult with an attorney who handles these matters regularly. See Mr. Rothstein's post.

    We are serious lawyers for the seriously injured. I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not legal advice. These opinions are thoughts based on New York practice. We have no attorney-client relationship. Conducting a conversation with me through the avvo comments section does not create an attorney-client relationship. Past results are not necessarily indicative of future performance.

Police misconduct topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics