Illegally Evicted Tenant Can Move Back

May 31, 1993

LVT Number: 6997

Tenant sued landlord, claiming that he'd been illegally evicted. Landlord admitted locking tenant out, but claimed that tenant had waived his right to move back by waiting four months before bringing the case to court. Landlord also claimed that tenant's mother was the true tenant of record, and that her tenancy had been terminated. In addition, landlord argued that tenant's son was suspected of drug use in the apartment. Tenant claimed that he'd lived in the apartment ten years, that he had permission from his mother to be there, and that landlord knew he lived there.

Tenant sued landlord, claiming that he'd been illegally evicted. Landlord admitted locking tenant out, but claimed that tenant had waived his right to move back by waiting four months before bringing the case to court. Landlord also claimed that tenant's mother was the true tenant of record, and that her tenancy had been terminated. In addition, landlord argued that tenant's son was suspected of drug use in the apartment. Tenant claimed that he'd lived in the apartment ten years, that he had permission from his mother to be there, and that landlord knew he lived there. The court found that landlord had acted improperly. Landlord hadn't sought to evict tenant or her son for drug use. Real Property Actions and Proceedings Law Section 711 prohibits self-help evictions. Tenant must be allowed to move back into the apartment.

Gonzalez v. NY City Housing Authority: NYLJ, p. 24, col. 4 (5/26/93) (Civ. Ct. Bronx; Callender, J)

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