Cal. Civ. Code § 768
Unlawful eviction
Operative Text
§ 768. Unlawful eviction. 1. (a) It shall be unlawful for any person to evict or attempt to evict an occupant of a dwelling unit who has lawfully occupied the dwelling unit for thirty consecutive days or longer or who has entered into a lease with respect to such dwelling except to the extent permitted by law pursuant to a warrant of eviction or other order of a court of competent jurisdiction or a governmental vacate order by: (i) using or threatening the use of force to induce the occupant to vacate the dwelling unit; or (ii) engaging in a course of conduct which interferes with or is intended to interfere with or disturb the comfort, repose, peace or quiet of such occupant in the use or occupancy of the dwelling unit, to induce the occupant to vacate the dwelling unit including, but not limited to, the interruption or discontinuance of essential services; or (iii) engaging or threatening to engage in any other conduct which prevents or is intended to prevent such occupant from the lawful occupancy of such dwelling unit or to induce the occupant to vacate the dwelling unit including, but not limited to, removing the occupant's possessions from the dwelling unit, removing the door at the entrance to the dwelling unit; removing, plugging or otherwise rendering the lock on such entrance door inoperable, or changing the lock on such entrance door without supplying the occupant with a key. (b) It shall be unlawful for an owner of a dwelling unit to fail to take all reasonable and necessary action to restore to occupancy an occupant of a dwelling unit who either vacates, has been removed from or is otherwise prevented from occupying a dwelling unit as the result of any of the acts or omissions prescribed in paragraph (a) of this subdivision and to provide to such occupant a dwelling unit within such dwelling suitable for occupancy, after being requested to do so by such occupant or the representative of such occupant, if such owner either committed such unlawful acts or omissions or knew or had reason to know of such unlawful acts or omissions, or if such acts or omissions occurred within seven days prior to such request. 2. Criminal and civil penalties. (a) Any person who intentionally violates or assists in the violation of any of the provisions of this section shall be guilty of a class A misdemeanor. Each such violation shall be a separate and distinct offense. (b) Such person shall also be subject to a civil penalty of not less than one thousand nor more than ten thousand dollars for each violation. Each such violation shall be a separate and distinct offense. In the case of a failure to take all reasonable and necessary action to restore an occupant pursuant to paragraph (b) of subdivision one of this section, such person shall be subject to an additional civil penalty of not more than one hundred dollars per day from the date on which restoration to occupancy is requested until the date on which restoration occurs, provided, however, that such period shall not exceed six months.
Under N.Y. Real Prop. Acts & Proc. Law § 768, removing or displacing a residential occupant who has lived in a dwelling for at least 30 consecutive days — or who holds a lease — is unlawful unless done through a court-issued warrant of eviction or a government vacate order. The law prohibits a broad range of coercive tactics, including threats of force, deliberate disruption of essential services, removal of doors or locks, and taking a tenant's belongings. Violations can result in criminal misdemeanor charges and civil penalties ranging from $1,000 to $10,000 per offense, with additional daily penalties when an owner fails to restore an unlawfully displaced occupant.
Plain English — not legal advice.
Property owners and managers operating under N.Y. Real Prop. Acts & Proc. Law § 768 generally ensure that any removal of a residential occupant proceeds exclusively through a court-issued warrant of eviction or an authorized government vacate order. Compliant operators maintain uninterrupted essential services, avoid changing or disabling locks without providing the occupant a key, and refrain from removing doors or possessions as a means of pressuring someone to leave. When an owner is on notice that an occupant was displaced through conduct prohibited by § 768, taking prompt, reasonable steps to restore that occupant to a suitable unit is part of what the statute requires.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 768 of the New York Real Property Actions and Proceedings Law gives occupants who have lived in a dwelling for 30 or more consecutive days — or who hold a lease — protection against self-help eviction tactics such as lock changes, removal of doors, shutoff of essential services, or threats of force. If you believe you have been displaced or are being pressured to leave through conduct prohibited by § 768, general enforcement paths include raising the violation as a defense in any pending court proceeding, filing a complaint with a local housing enforcement agency, or reaching out to a tenant-rights organization for guidance on available remedies. Because each separate act of unlawful eviction can carry its own civil penalty under § 768, documenting incidents — dates, descriptions, and any communications — is something tenant-rights resources commonly advise.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated September 13, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
No inbound references recorded yet for this provision.