Landlord Gets Sanctions Against Tenant for Frivolous Post-Eviction Motions

Landlord sued to evict Mitchell-Lama tenant for performing unauthorized alterations in his apartment. The court ruled for landlord after an HPD hearing authorized a certificate of eviction. Tenant appealed, lost, and was evicted. Tenant then asked the court to stop landlord from rerenting the apartment until tenant could move his possessions. The court ruled against tenant. Tenant appealed and lost. Tenant and tenant's family members continued to make requests to the court to delay removal of their belongings and rerenting of the apartment. Landlord asked the court for attorney's fees and sanctions against tenant. The court ruled for landlord. From the date the appeals court upheld the judgment for landlord in 2003, until April 2007, when tenant finally moved his possessions from the apartment, tenant had four years to voluntarily remove his possessions. The court sanctioned tenant for motions made after April 2007, finding that they were frivolous and made in bad faith. Tenant was ordered to pay landlord $3,400.

Bedford Gardens Co. LP v. Berkowitz: NYLJ, 5/31/07, p. 22, col. 1 (Civ. Ct. Kings; Kraus, J)