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Brooklyn · Roommate won't leave

Roommate Won't Leave in Brooklyn, NY

Brooklyn roommate disputes follow New York City's housing laws — among the most tenant-protective in the country. Whether your roommate is on the lease or not, you cannot force them out without a court order. Here's the specific process for Brooklyn residents.

⚠️ This page provides general legal information, not legal advice. Laws change and individual circumstances vary. Consult a licensed attorney for guidance on your specific situation.

Brooklyn Is Covered by NYC Housing Court

Brooklyn (Kings County) is served by the NYC Housing Court located at 141 Livingston Street in Downtown Brooklyn. All holdover and nonpayment proceedings for Brooklyn apartments are filed there. The court has a Help Center on the first floor that provides free guidance to tenants and landlords who are representing themselves.

Rent-Stabilized Units Add Complexity

A large portion of Brooklyn's rental housing is rent-stabilized. In rent-stabilized apartments, removing a roommate who has lived there long enough may trigger succession rights — meaning they could potentially claim rights to the lease. If your apartment is rent-stabilized, understanding the tenant's status before beginning any court process is particularly important.

Proper Written Notice Is Mandatory

Before filing in Housing Court, you must serve a written notice to terminate the tenancy. For month-to-month arrangements longer than one month, this is a 30-day notice. Service must be done properly — personal delivery, 'nail-and-mail,' or certified mail — and you need to be able to prove service in court. Courts dismiss many cases for defective notice.

Mediation Before Court

Brooklyn has several free community mediation programs, including the Brooklyn Mediation Center, that can help resolve roommate disputes without going to court. Mediation is faster, cheaper, and less adversarial than Housing Court. If both parties agree to participate, many disputes are resolved in one or two sessions.

Frequently Asked Questions

Where do I file an eviction case for a Brooklyn apartment?
Brooklyn Housing Court, located at 141 Livingston Street, Downtown Brooklyn. The Help Center on the first floor can assist you with the paperwork if you are representing yourself.
Does rent stabilization affect removing a roommate in Brooklyn?
Potentially yes. In rent-stabilized apartments, a roommate who has lived there for two or more years may claim succession rights — the right to take over the lease. This is a complex area of law; consulting a housing attorney is strongly recommended.
Is there free legal help in Brooklyn for roommate disputes?
Yes. NYC's Universal Access to Counsel program provides free legal services for qualifying residents. Legal Services NYC, Brooklyn Legal Services, and the Housing Court Help Center at 141 Livingston Street all offer assistance.
Can I use mediation instead of Housing Court in Brooklyn?
Yes. The Brooklyn Mediation Center offers free or low-cost mediation for roommate and neighbor disputes. This is often faster and less stressful than court. However, if your roommate refuses to mediate or comply with an agreement, you will still need to go through Housing Court.
How much does it cost to file an eviction in Brooklyn?
Filing fees in NYC Housing Court are modest — typically under $100 for holdover proceedings. However, if you hire an attorney, legal fees can range from $1,500 to $5,000+ for a contested case.

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