In a perfect world, a person who is arrested and charged with a crime would not face any additional consequences until they are found guilty beyond a reasonable doubt and convicted. 

Unfortunately, some individuals who get arrested can face evictions long before they have their day in court. Fortunately, there are sometimes steps a landlord-tenant lawyer can take to protect your housing.

Public Housing

You are most vulnerable to eviction if you are arrested while living in any form of public housing. Sadly, this is a condition most individuals must agree to before they’re allowed to move into public housing. You may be sent a Termination of Tenancy, and you may not be allowed to move back into the property even if your family lives there. 

You have a right to a hearing. If you find yourself in this position, you should seek protection from a landlord-tenant lawyer as soon as possible. A lawyer can help you convince the Housing Authority that there are mitigating circumstances.

Be aware that anything you say at the hearing can be used against you in your criminal case. 

Private Housing

Usually, private landlords only attempt early eviction for drug-related offenses or certain other conditions that may have been named and outlined in the lease. This is known as a holdover case. 

You have the right to delay the eviction process, and your lawyer can be charged with a crime if they attempt an illegal eviction, including changing the locks, throwing out your things, or shutting off utilities. Recently, one homeowner even got temporarily arrested for trying to evict a squatter. While that doesn’t really seem like the intended goal of the law, it nevertheless demonstrates how serious an illegal eviction can be. As a tenant, you aren’t helpless. 

You are unlikely to win an eviction proceeding if you don’t seek representation from a qualified landlord-tenant lawyer. 

Housing Law is Complicated

An eviction can make it difficult to secure housing in the future. New York City landlords are powerful, and one mistake in the eviction process can haunt you for years. 

Avoid letting your housing become a casualty of your arrest. Contact McAdams Law to get the help you need and deserve.

See also:

Can a New York Landlord Evict for Moral Reasons? 

What Are Your Rights During an NYC Eviction? 

Are You An Immigrant Victimized by Housing Discrimination?