Advice On How To Evict A Violent Family Member

Location: NYC

There are five people living in the apartment. Three are on the lease (my grandmother, my mother, and my aunt). My cousin (40M) is not on the lease but has lived here for about 8 years after being brought in by his mother (my aunt).

The situation has escalated into a serious safety concern. He has made direct threats toward my mother, including saying he would f*** her up and kill her. There have also been two separate incidents where he pulled a knife during conflicts inside the apartment. Both incidents were reported to police, but no arrests or removal happened since the other parties did not live in the apartment.

My mother and grandmother have both filed harassment complaints against him, which are on record.

He also smokes inside the apartment constantly despite repeated objections. My grandmother is elderly and cannot tolerate smoke, and my aunt recently had eye surgery and was advised to avoid exposure. This has been a recurring source of conflict in the home.

He does not contribute meaningfully to household bills or expenses. He claims a disability from a past construction injury, but is physically active, goes out daily, cooks for himself, and continues to smoke inside the apartment despite the health concerns and repeated conflicts it causes.

Specifically, we are trying to figure out whether the correct route is a Family Court Order of Protection with an exclusion order versus a Housing Court eviction, whether all leaseholders need to agree in a situation like this, and what the fastest legal way is to remove someone from the home when there is a documented history of threats and knife incidents.