Landlord Illegally Evicted Tenant by Removing Plumbing

June 30, 1995

LVT Number: 9801

Facts: Landlord sued to evict tenant for nonpayment of rent. They agreed in court that tenant would pay the rent due or move out by a certain date. Later, tenant went back to court claiming landlord had suddenly and without notice entered her basement apartment when she was out one day, and removed the sink, toilet, and other plumbing fixtures. Landlord claimed he had to do this to respond to a violation notice which directed him to stop using the basement as an apartment and disconnect the plumbing. The basement apartment violated the building's certificate of occupancy.

Facts: Landlord sued to evict tenant for nonpayment of rent. They agreed in court that tenant would pay the rent due or move out by a certain date. Later, tenant went back to court claiming landlord had suddenly and without notice entered her basement apartment when she was out one day, and removed the sink, toilet, and other plumbing fixtures. Landlord claimed he had to do this to respond to a violation notice which directed him to stop using the basement as an apartment and disconnect the plumbing. The basement apartment violated the building's certificate of occupancy. Court: Landlord loses. Landlord constructively and illegally evicted tenant when he removed the plumbing. Landlord was ordered to restore the fixtures and pipes. Landlord was also told that if he didn't comply with this order he would be subject to criminal contempt, fines, and possibly jail.

Green v. Johnson: NYLJ, p. 31, col. 5 (6/28/95) (Civ. Ct. Kings; Callender, J)

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