Can You Rent an Apartment in NYC With an Eviction on Your Record?
Quick answerYes. In New York City, as of October 2026, no law makes you wait to rent after an eviction case, and state law bars a landlord from refusing you because of a past or pending landlord-tenant case. The case can still appear on a tenant screening report for seven years from the filing date. Find out what your record shows, bring proof of how the case ended, and report a landlord who turns you down over it.
Last checked: October 5, 2026, against New York Real Property Law 227-f and 238-a, Judiciary Law 212, RPAPL 757, the Attorney General's Residential Tenants' Rights Guide and complaint forms, the Federal Trade Commission's tenant background check pages, the state court system's records pages, the City Commission on Human Rights' source-of-income guidance, and 24 CFR 982.552 and 982.553. This is general information, not legal advice.
- 0 dayswaiting period before you can rent again
- 7 yearshow long a screening report can show the case
- $20the most a landlord can charge for a background check
- $500 to $1,000penalty per violation for refusing over a court case
- 60 dayswindow to get your screening report free after a denial
What Landlords See When They Screen You
A landlord sees the court case itself, whether or not you were evicted. The Federal Trade Commission says tenant background checks can include "housing court records, for example, records related to eviction actions", along with credit, income and rent payment history (FTC, March 2024).
- Tenant screening reportbuilt by a private company when you apply. The CFPB notes that most of these companies have no file on you until a landlord orders one (CFPB list of consumer reporting companies, January 2025).
- Court fileNew York City Civil Court is a court of record. Anyone may examine a file "if it has not been sealed" (NYS courts). The court system may no longer sell "data regarding judicial proceedings related to residential tenancy, rent or eviction to any third party" (Judiciary Law 212(2)(x), read on FindLaw), but files can still be inspected in person.
- Credit reportcredit reporting firms review court records for judgments, satisfactions, settlements and dismissals, according to the same court page.
Watch outThe FTC lists incomplete information, "such as how civil or criminal cases or eviction actions were resolved", as a common report error. A case you won or settled can appear as a bare filing.
How Long an Eviction Case Stays on Your Record
There are three different clocks, and only the screening report clock matters to most landlords: seven years from the date the case was filed.
View the data table
| Record | Years |
|---|---|
| Section 8 bar after a drug-related eviction from federally assisted housing | 3 |
| Tenant screening report, from the filing date | 7 |
| Bankruptcy on a screening report | 10 |
| Court file kept by NYC Civil Court | 25 |
What it means: the paper file outlasts the report by 18 years, but a screening company may not report the case after year seven.
Source: FTC, Disputing Errors on Your Tenant Background Check Report (seven and ten years); NYS courts (25 years: three in the courthouse, 22 in archives); 24 CFR 982.553 (three years).
Key pointThe FTC says eviction court cases "can be reported for up to seven years from the date of the eviction filing, even if you are not evicted." A dismissed case follows the same clock, and sealed records should not appear at all.
Can you remove or seal an eviction record?
Not in most cases. The only sealing rule VoucherMatch found in New York's eviction statutes covers a tenant removed from a property that was in foreclosure or tax foreclosure: those court records "shall be sealed and be deemed confidential" (RPAPL 757, read on FindLaw, current to January 1, 2026). No rule was found that seals a case because it was dismissed, settled or paid.
TipYou can make the record accurate. The court says any party may file a satisfaction of judgment or a stipulation of discontinuance, and staff can stamp your copy as proof to send to a reporting company.
How to Find Your Own Eviction Record
You can look up an open case online for free, but a closed housing case has to be requested from the court clerk.
- 1Search an open caseuse WebCivil Local, the court system's free search, by party name or index number. It covers NYC Civil Court.
- 2Request a closed caselandlord-tenant cases "leave eCourts no more than 2 weeks after the last appearance" (NYS courts law library). Ask the Civil Court clerk in the borough where the case was heard. You need the index number.
- 3Allow time for old filesfiles move to archives after three years, and retrieval can take two to three weeks.
- 4Pull your credit reportfree at AnnualCreditReport.com or 1-877-322-8228, the route the FTC names.
- 5Get the screening report after a denialthe company must give you a free copy if you ask within 60 days of the landlord's notice.
What it means: there is no single free "eviction record" to download, so collect the court papers and the reports separately.
Source: the court and FTC pages linked in each step.
Readers also search for a "marshal eviction list". The City publishes executed evictions since 2017 by address, index number and date, compiled from City Marshals. It has no tenant names.
What New York Law Says
State law forbids refusing a rental because of a landlord-tenant case, and it applies everywhere in New York State. The text was read on Justia and FindLaw because the State Senate's site blocks automated reading.
| Rule | What it says | Who enforces it |
|---|---|---|
| Tenant blacklisting ban, Real Property Law 227-f | No landlord of a residential premises may refuse to rent "on the basis that the potential tenant was involved in a past or pending landlord-tenant action" | Attorney General only; civil penalty of $500 to $1,000 per violation |
| Presumption, same section | A violation is presumed if the landlord requested information from a tenant screening bureau or inspected court records, then refused to rent | The landlord must rebut it |
| Fee cap, Real Property Law 238-a | Background and credit check fee is the actual cost or $20, whichever is less. No other application fee | Attorney General takes fee complaints |
| Your own report, same section | The fee must be waived if you supply a background or credit check done within the past 30 days | Same |
| Deposit limit | Security deposit is limited to one month's rent, and a landlord cannot also ask for last month's rent | See the Attorney General's guide |
What it means: the outcome of your case does not matter, and the law also covers a case you started, such as suing for repairs.
Source: statute text as published by Justia (2025 New York Laws) and FindLaw (current to January 1, 2026), and the Attorney General's Residential Tenants' Rights Guide.
The limits are real. The Attorney General's guide says the landlord pays the fine "to the State if they cannot give a good reason for denying you". The statute gives you no damages and does not order the landlord to rent to you.
Watch outNational advice to offer a bigger deposit or several months of rent up front does not work here. New York's one-month deposit limit makes that offer one a landlord cannot lawfully accept.
What a Voucher Changes
A voucher adds a second layer of protection in New York City, because refusing a tenant over a lawful source of income has been illegal here since 2008 (NYC Commission on Human Rights).
- Court historya rejection over your housing court history "may be evidence of discrimination under the NYC Human Rights Law" (Tenant Advocate's FAQ, March 2023).
- Creditif the voucher covers 100% of the rent, you should not be rejected on credit. If you pay a share, credit may be weighed case by case, and a required minimum score may be a violation.
- Incomewhere your share is based on your income, a landlord may not add its own income requirement (housing provider guidance, March 2023).
Does a past eviction stop you from getting Section 8?
Only in narrow cases written into federal rules, and all of them concern federally assisted housing or money owed to a housing agency.
| Situation | What the housing agency does | Rule |
|---|---|---|
| Evicted from federally assisted housing for drug-related criminal activity | Must deny for three years from the eviction, unless rehabilitation was completed or the circumstances no longer exist | 24 CFR 982.553(a)(1) |
| Evicted from federally assisted housing for any reason in the last five years | May deny | 24 CFR 982.552(c)(1)(ii) |
| Owes rent or other amounts to a housing agency | May deny | 24 CFR 982.552(c)(1)(v) |
What it means: these rules do not mention an eviction from a private, unassisted apartment. The guide to Section 8 with an eviction or a housing authority debt covers this side. No published rule was found on how CityFHEPS, FHEPS or HASA treat a past eviction.
Source: eCFR text as of September 1, 2026.
Practical Steps That Work
The steps that help are the ones that put accurate paper in front of the landlord before a screening company's version arrives.
- Your own report. a background or credit check done within the past 30 days, so the $20 fee is waived.
- Proof of how the case ended. the stipulation, the dismissal, or a court-stamped satisfaction of judgment. The Commission's advice is to keep all documents from prior housing court cases.
- Proof the debt was paid. receipts, or the approval notice if a One-Shot Deal covered the arrears.
- A short written explanation. what happened, when, and what is different now.
- Voucher details. the program, your share of the rent, and your caseworker's contact if you have one.
TipTell the landlord about the case before the report does, and apply where vouchers are already accepted. Landlords on VoucherMatch listings are advertising to voucher holders, though each still makes its own screening decision.
If You Are Denied
Ask for the reason in writing and for a copy of the report, the same day. The Commission advises asking "for a letter explaining the reason as well as a copy of the background check used to reject you."
- October 6, 2026the landlord must give an adverse action notice naming the screening company, with its address and phone number.
- By December 5, 2026last day to request your free copy of the report, 60 days after the notice.
- 30 days after you disputethe company must investigate and tell you the result. It may have 45 days in some cases.
- By October 6, 2027last day for a complaint to the City Commission on Human Rights, one year after the act.
What it means: request the report first, because it is evidence for every complaint below.
Source: FTC, Tenant Background Checks and Your Rights and the Commission's complaint rules, covered in how to report voucher discrimination. The dates are an example.
| Problem | Where to complain | How |
|---|---|---|
| Refused because of a court case | NYS Attorney General | Tenant Blacklisting Complaint form; attach the screening report if you have it |
| Charged more than $20 to apply | NYS Attorney General | "Excessive application fees" form on the rental applications page, or 1-800-771-7755 |
| Refused because of a voucher | NYC Commission on Human Rights | Call 311 and ask for "Human Rights", or 212-416-0197 |
| Report is wrong or the company will not fix it | The screening company, then the FTC or CFPB | Dispute in writing with documents; then consumerfinance.gov/complaint |
What it means: the Attorney General handles the court-history rule, and the Commission handles the voucher rule. A voucher holder turned down over a court case can go to both.
Source: the Attorney General's complaint pages, the Commission's guidance, and the FTC pages above.
TipIf the dispute fails, the FTC says to ask that a statement of your dispute be included in your file and in future reports.
If the Eviction Case Is Still Open
Deal with the open case first, because a pending case is covered by the same state law but can still end in a judgment.
- A free lawyerRight-to-Counsel services are "free and available in every ZIP code, regardless of immigration status". At your first court appearance say "I would like an attorney" (HRA Office of Civil Justice).
- Questions before courtHousing Court Answers at 718-557-1379 or 212-962-4795, Monday to Friday, 9am to 5pm, or call 311 and ask for the Tenant Helpline.
- Arrears and preventionHomebase offices are assigned by ZIP code; HRA says to call ahead for an appointment. A One-Shot Deal can pay arrears, and Homebase is the way to apply for CityFHEPS from the community.
What Landlords Should Take From This
A landlord who pulls a screening report, sees a housing court case and declines is presumed to have broken Real Property Law 227-f.
- A filing is not a judgment. The statute covers any "past or pending" case, whatever the outcome.
- The penalty is per violation: $500 to $1,000, in an action by the Attorney General.
- Fees: $20 or actual cost, with a copy of the report and the invoice given to the applicant. Without those, no fee may be collected.
- Voucher applicants: the City Commission's guidance limits credit and income screening. The guide on screening Section 8 tenants covers what remains.
- Declining for another reason: write it down. The Commission's guidance recommends giving the applicant a written explanation when a decision rests on a credit report.
Frequently Asked Questions
How long after an eviction can I rent again?
Right away. No New York law sets a waiting period. A screening report may show the case for seven years from filing, and a landlord may not refuse you on that basis.
Does an eviction disqualify me from getting a voucher?
Not an eviction from a private apartment under the federal Section 8 rules. Those rules address evictions from federally assisted housing and debts to a housing agency. VoucherMatch found no published rule for CityFHEPS, FHEPS or HASA.
Can a landlord legally deny me for a dismissed case?
No. Real Property Law 227-f covers being "involved in a past or pending" case, so a dismissed case counts. Ask for the reason in writing and use the Attorney General's Tenant Blacklisting Complaint form.
My screening report shows an eviction that isn't mine. What do I do?
Dispute it in writing with the screening company and attach proof. The FTC lists "information that belongs to someone else" as a common error, and the company generally has 30 days to investigate.
Are there apartments in NYC that accept evictions?
There is no official list, and VoucherMatch could not verify any directory. Under state law no residential landlord in New York may refuse you over the case, so the practical filter is landlords who already accept your voucher.
Will VoucherMatch landlords see my eviction record?
They can, if they order a report. Landlords make their own screening decisions, within the rules above.
Next step: request your court papers and your credit report this week, then browse voucher listings with your documents ready. Landlords can list a property free.
Sources for this article (23)
- FTC, March 2024 (consumer.ftc.gov)
- CFPB list of consumer reporting companies (consumerfinance.gov)
- NYS courts (nycourts.gov)
- Judiciary Law 212(2)(x) (codes.findlaw.com)
- FTC, Disputing Errors on Your Tenant Background Check Report (consumer.ftc.gov)
- 24 CFR 982.553 (ecfr.gov)
- RPAPL 757 (codes.findlaw.com)
- WebCivil Local (iapps.courts.state.ny.us)
- NYS courts law library (askalawlibrarian.nycourts.gov)
- AnnualCreditReport.com (annualcreditreport.com)
- executed evictions since 2017 (data.cityofnewyork.us)
- Real Property Law 227-f (law.justia.com)
- Real Property Law 238-a (codes.findlaw.com)
- Attorney General's guide (ag.ny.gov)
- NYC Commission on Human Rights (nyc.gov)
- Tenant Advocate's FAQ (nyc.gov)
- housing provider guidance (nyc.gov)
- 24 CFR 982.552(c)(1)(ii) (ecfr.gov)
- Tenant Blacklisting Complaint form (ag.ny.gov)
- rental applications page (ag.ny.gov)
- consumerfinance.gov/complaint (consumerfinance.gov)
- HRA Office of Civil Justice (nyc.gov)
- Homebase (nyc.gov)
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Every rule, date and dollar amount in this article is checked against the agency document it comes from, and the sources are listed above. How VoucherMatch articles are researched and corrected
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