Former Roommate Entitled to Compensation from Tenant

Tenant’s roommate left the apartment for vacation travel in October 2014 but was unable to return to New York until January 2015. She sought to make arrangements for the return of her personal property from tenant when she returned and eventually appeared at the apartment with police in February 2015. Roommate claimed that various items of her belongings were either missing or damaged. She then sued tenant in small claims court for compensation. Tenant in turn claimed $2,100 in unpaid rent. Tenant admitted that she changed the lock on her apartment door and forced the removal of the lock from roommate’s bedroom door when roommate had not returned by January. Tenant didn’t start eviction proceedings against roommate. The court ruled for the roommate, who proved damages totaling $1,125 for lost or missing personal items, consisting mostly of clothing. The court denied tenant’s claim for unpaid rent since roommate got no due process absent commencement of a summary eviction proceeding and judgment.

Facey v. Johnson: 2015 NY Slip Op 25323, 2015 WL 5683130 (Civ. Ct. Kings; 9/25/15; Montelione, J)