Illegally Evicted Tenant Can Move Back

June 30, 1994

LVT Number: 8874

HPD evicted tenant from her apartment by prying open the apartment front door and replacing the lock, under the supervision of three HPD employees and five city police officers. HPD claimed tenant was a squatter who had no lease or legal right to live there, and that the city employees had removed her peacefully and without force. Tenant claimed the eviction was illegal because an HPD employee had arranged for her to move into the apartment without a written lease. The court ruled that tenant could move back into the apartment.

HPD evicted tenant from her apartment by prying open the apartment front door and replacing the lock, under the supervision of three HPD employees and five city police officers. HPD claimed tenant was a squatter who had no lease or legal right to live there, and that the city employees had removed her peacefully and without force. Tenant claimed the eviction was illegal because an HPD employee had arranged for her to move into the apartment without a written lease. The court ruled that tenant could move back into the apartment. Tenant's right to stay in the apartment should have been decided by a court, especially since HPD's own employee had arranged for tenant to live there. Also, HPD's use of force---by removing the lock in the presence of three HPD employees and five police officers---was improper and unnecessary.

Brown v. HPD, City of New York: NYLJ, p. 25, col. 1 (6/8/94) (Civ. Ct. NY; Sherman, J)

Topics

More like this