Landlord Improperly Performed Self-Help Eviction Against Halfway House Resident

Former resident of a transitional residence for recovering alcoholics and drug users was ejected from the residence by landlord after violating rules prohibiting drugs, alcohol, tobacco, and firearms. The resident was found smoking in his room on Jan. 26, and, despite warnings that he could face eviction if he did so again, he was found smoking in the room again on Feb. 2. Landlord threw him out of the building the next day without a hearing or any period to fight the eviction. The court ruled for the resident, finding that he was a tenant illegally removed and wasn't given due process protections prior to eviction. He had lived at the building for more than six months and DSS paid a shelter allowance of $215 per month for his occupancy. Landlord was required to let him back into the residence.

Andrews v. Acacia Network: Index No. 11437/16, NYLJ 1202751018145 (Civ. Ct. Kings; 2/23/16; Ressos, J)