The Incorporated Village of Hempstead
Mayor Wayne J. Hall, Sr.
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Mayor Wayne J. Hall, Sr.

Mayor's Weekly Column

From the Desk of Mayor Hall

Fight Back Against Illegal Evictions

Many residents who rent apartments here in the Village of Hempstead may not be aware that they are protected from being illegally evicted by their landlords. In fact, only an officer from the Nassau County Sherriff’s Department may legally evict a tenant. A landlord or property owner must go to court before evicting a tenant. This is true even if the tenant owes back rent or is causing damage to the rental unit. In other words, a landlord cannot put out a tenant for any reason without first obtaining a court order signed by a judge.

Any legal eviction notice must include a docket number and other documentation from the Nassau County Sherriff’s Department. If you have any reason to believe that a notice of eviction may be illegal, renters may contact the Sherriff’s Department at 240 Old Country Road in Mineola, or by phone at (516) 571-2113.

Additionally, a landlord cannot harass a tenant or try to force a tenant to move out through any of the following means:

  • Using force or threatening to use force to make the tenant move
  • Taking, keeping or destroying the tenant’s property
  • Changing or adding locks to the rental unit without immediately providing a key to the tenant
  • Boarding up the doors and/or windows so the tenant cannot easily get back in
  • Removing doors, windows or locks on the rental unit
  • Putting the tenant’s belongings out in the street
  • Turning off the tenant’s gas, electricity, heat or water, regardless of who is the responsible party
  • Not paying a utility bill that is in the landlord’s name so that the tenant’s gas, heat or water is cut off by the utility company 
  • Causing/failing to control loud or annoying noises, foul odors or any other nuisance that harasses the tenant

If a landlord/owner actually evicts a tenant out by force, the tenant is entitled to sue the landlord/owner for as much as three times the monetary damage done to the tenant. Damage to the tenant may include the cost of alternate lodging, as well as actual physical damage to the tenant or his/her belongings. If the landlord harasses or tries to evict the tenant by changing the locks or cutting off the utilities, the tenant can go to small claims court to recover damages under $5,000, or supreme courtSupreme Court for damages over $5,000. A tenant who has been illegally evicted by a landlord can also sue to get back into the rental unit or get the landlord to turn the utilities back on. This sort of case has to be initiated in district court.

If you feel you have been a victim of an illegal eviction or any kind of harassment by your landlord, I encourage you contact the Criminal Complaint Bureau of the Nassau County Police Department at 272 Old Country Road in Mineola, or by phone at (516) 571-3505.

To stay on top of what’s happening in the Village, please join our electronic mailing list by sending your name and email address to Mayor@villageofhempsteadny.gov, and listen to the “Hempstead Happening” radio show every Wednesday at 4:15 p.m. on WTHE-AM (1520).

Sincerely,

Wayne

Wayne J. Hall Sr.
Mayor of the Incorporated Village of Hempstead

 

 

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