Landlord Illegally Evicted Tenant

January 1, 2010

LVT Number: #22377

Landlord sued to evict rent-stabilized tenant. The housing court ruled for landlord and issued an eviction warrant. Tenant was evicted while in Puerto Rico visiting his dying mother. The New York Foundation then sued landlord and asked the court to restore tenant to possession and vacate the judgment. The Foundation had been appointed as tenant's guardian after the State Supreme Court ruled that tenant was an incapacitated person. Landlord had proceeded with the eviction shortly after the guardian was appointed and without notifying the Foundation. The court ruled for the Foundation.

Landlord sued to evict rent-stabilized tenant. The housing court ruled for landlord and issued an eviction warrant. Tenant was evicted while in Puerto Rico visiting his dying mother. The New York Foundation then sued landlord and asked the court to restore tenant to possession and vacate the judgment. The Foundation had been appointed as tenant's guardian after the State Supreme Court ruled that tenant was an incapacitated person. Landlord had proceeded with the eviction shortly after the guardian was appointed and without notifying the Foundation. The court ruled for the Foundation. Once the Article 81 guardian was appointed, no action could be taken in the eviction case for at least 60 days. Since landlord evicted tenant within the 60 days, the eviction was unlawful.

Matter of R.C.: NYLJ, 12/30/09, p. 26, col. 3 (Sup. Ct. Bronx; Hunter, J)

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