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FROM THE DEFENSE DESK / CRIMINAL DEFENSE
20 AUG 2025 · 4 MIN READ · BY TODD A. SPODEK
THE BRIEF · FILED UNDER: HOUSING · CRIMINAL INTERSECTIONS
DOCKET NO. 100 · THE DEFENSE DESK

Eviction lawyers near me: the housing fight and its criminal edges.

Eviction is civil - housing court, notices, holdovers. But a band of eviction fights crosses into criminal law: illegal lockouts, arrests during disputes, nuisance abatement, and the eviction that follows a criminal case. A map of both systems.

Todd A. Spodek
Todd A. Spodek
MANAGING PARTNER · 20 AUG 2025 · 4 MIN READ
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The civil core, briefly.

Nonpayment and holdover proceedings run through housing court on strict notice timelines - and tenant-side defense (warranty of habitability, rent overcharge, retaliation, succession rights) belongs with housing counsel; New York City guarantees one through Right to Counsel for qualifying tenants. Landlord-side, the process rewards procedural precision. Neither side of an ordinary eviction needs a criminal lawyer - and any “eviction lawyer” pitching criminal services for a nonpayment case is selling the wrong product.

Where evictions turn criminal.

Illegal lockouts: in New York, evicting without court process - changing locks, removing doors, shutting utilities - is unlawful eviction under Admin. Code § 26-521, a class A misdemeanor, and tenants can be restored by court order; landlords get arrested for self-help evictions every year. Dispute escalations: the argument in the hallway that generates cross-complaints - harassment, menacing, assault - turning a housing case into criminal court appearances for one or both sides. Nuisance abatement and “drug den” proceedings: the city’s civil tools that ride on alleged criminal conduct at the premises, sometimes locking out everyone before any conviction exists. Each of these is a criminal-defense matter wearing a housing costume.

THE CRIMINAL EDGES · WHO NEEDS DEFENSE COUNSEL
ILLEGAL LOCKOUTSelf-help eviction = misdemeanor (NYC § 26-521) - landlords get charged.
THE ESCALATIONHallway disputes → harassment/menacing complaints - both sides lawyer up.
NUISANCE ABATEMENTPremises closed on criminal allegations - defense and housing counsel together.
THE AFTERMATHArrest at the address → lease termination clauses - the criminal case drives the housing one.
IF THIS IS YOUR SITUATION
Stop reading. Start defending.

When a criminal case threatens the home.

The deepest intersection runs the other way: a criminal case can cost the apartment. Public housing and Section 8 carry termination exposure for household members’ arrests; private leases have illegal-activity clauses that landlords invoke on charges alone; and orders of protection can eject someone from their own home before any conviction. Defending the criminal case with the housing consequence in view - disposition language matters enormously to NYCHA - is the coordination this firm handles: criminal defense that knows what a plea does to a lease, working alongside housing counsel who knows the rest.

Todd A. Spodek
THE AUTHOR
Todd A. Spodek
Managing partner. Second-generation federal defense lawyer - the Netflix defense, the Fox and CNN analyst chair, and two decades of federal courtrooms.
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