Illegally Evicted Tenant Can Move Back In

Facts: Tenant had lived in a rent-stabilized apartment for 17 years. She'd moved in there with her sister and brother-in-law, and their two children When they moved out in June 1992, she stayed in the apartment. Both landlord and the building superintendent knew tenant by name, and knew she lived in the apartment. In 1992, the tenant's sister notified landlord that she, her husband, and their two children were moving to Santo Domingo, but that tenant would stay on. In March 1993, landlord sued to evict the brother-in-law for illegally subletting or assigning the apartment. Tenant didn't appear in court, and the court ruled for landlord---but delayed issuance of the warrant of eviction for two months. Landlord then evicted tenant one morning and re-rented the apartment to new tenants on the same day. Tenant asked the court to restore her to possession. Court: Tenant wins. Tenant, who spoke little English, claimed that in March 1993 the super gave her a lease to the apartment and told her she was in no danger of eviction. That was why tenant didn't go to court. Landlord also identified tenant as ``Jane Doe'' in its eviction petition, even though both she and the super knew tenant's name. The court believed tenant and found that she was wrongfully evicted. The court ordered landlord to let tenant move back into her apartment.

Varveris v. Infante: NYLJ, p. 25, col. 3 (9/15/93) (Civ. Ct. Queens; Spires, J)