HPD Didn't Illegally Lock Out Tenant

September 30, 1997

LVT Number: 11785

Tenant sued HPD, claiming he was illegally locked out of the building. The court ruled that although he was ``probably not a tenant,'' tenant was illegally locked out. HPD appealed. The appeals court ruled for HPD. A vacate order had been posted at the building because it was unfit for human habitation. After posting the vacate order, HPD was permitted to use self-help to remove the building occupants and seal the building.

Tenant sued HPD, claiming he was illegally locked out of the building. The court ruled that although he was ``probably not a tenant,'' tenant was illegally locked out. HPD appealed. The appeals court ruled for HPD. A vacate order had been posted at the building because it was unfit for human habitation. After posting the vacate order, HPD was permitted to use self-help to remove the building occupants and seal the building.

Carter v. HPD: NYLJ, p. 27, col. 2 (9/25/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)

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