Landlord Evicted Tenant from Ancillary 'Maid's Room'

Rent-stabilized tenant sued landlord, claiming unlawful eviction. She asked to be restored to possession. The court ruled for tenant. Tenant lived in an apartment in the building. She also rented a "maid's room" in the building that she claimed she used both as an office and as her son's bedroom and living space, and later for storage. She paid rent for the maid's room in addition to her apartment rent. Landlord had removed tenant's possessions from the maid's room into the building's basement and demolished the room. Landlord claimed that the maid's room was an ancillary service under rent stabilization and that tenant wasn't entitled to be restored, because the underlying use was illegal. But tenant was in actual possession of the maid's room and landlord's entry was forcible and unlawful. Landlord was required to terminate the tenancy by proper notice and proceedings. In the meantime, landlord must rebuild the maid's room and restore tenant to possession.

Truglio v. VNO 11 E. 68th St.: Index No. 57103/12, NYLJ No. 1202556099793 (Civ. Ct. NY; 5/21/12; Kraus, J)