An Unqualified Prohibition of Self-Help Eviction: Providing a Right to Court Process for All Residential Occupants

According to real estate brokerage Douglas Elliman, the median monthly rent in Manhattan recently topped $4,000. With the cost of housing skyrocketing and countless renters scrambling for affordable options, we took the opportunity to speak with Matthew Main about the origins of the landlord-tenant relationship and his proposal for a total prohibition on “self-help” evictions, or evictions without judicial process. Main’s Article, which will be published in Issue 6 of Volume 43, focuses especially on a class of residential occupants who have not signed a lease and, therefore, do not fall into the legally protected category of “tenant.” Since the occupant does not have a protected possessory interest in the residence, the landowner does not have to take the occupant to court to affect an eviction. As a result, a nontenant occupant is at risk of being put out on the street for any reason. Tune in to learn why Main believes a total ban on self-help evictions is necessary to stem the rising tide of homelessness in New York and across the country.