Court Can Restore Wife to Possession After Husband Locked Her Out

January 23, 2017

LVT Number: #27451

Wife sued husband, claiming that he illegally locked her out of their apartment in collusion with their landlord. She claimed that after a fight, she had obtained from the courts orders of protection against the husband. Husband argued that the court had no jurisdiction under Real Property Actions and Proceedings Law (RPAPL) Section 853, or as a matter of equity, to restore his wife to possession.

Wife sued husband, claiming that he illegally locked her out of their apartment in collusion with their landlord. She claimed that after a fight, she had obtained from the courts orders of protection against the husband. Husband argued that the court had no jurisdiction under Real Property Actions and Proceedings Law (RPAPL) Section 853, or as a matter of equity, to restore his wife to possession. But the court found that it did have authority under RPAPL Section 721(4) to restore “a person forcibly put out or kept out.” A trial was needed to determine what effect the orders of protection had on the wife’s claim to occupy the apartment.

 

 

Miller v. Brown: Index No. LT-003416-16, NYLJ No. 1202775025754 (Dist. Ct. Nassau; 12/9/16; Fairgrieve, J)

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