Landlord Rerented Apartment and Disposed of Tenant's Possessions Despite Contrary Court Order

Landlord sued to evict tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in which tenant admitted she owed $4,600. The agreement gave landlord a judgment of possession. Tenant twice sought delays. The court ruled against tenant, and she was evicted. Tenant then filed an order to show cause, and the court granted tenant supervised access to the apartment to retrieve personal items. The court also ordered landlord to delay rerenting the apartment so that tenant could pay $9,200 in back rent and be restored to possession. Later, tenant went back to court and said she had the funds to pay the rent but that landlord had rerented the apartment and her possessions were gone. The court found landlord to be in contempt of court, both civil and criminal, since it clearly had knowledge of the court’s last order. The court ordered landlord to pay tenant fines of $2,000 plus $150 per day for every day until tenant was restored to possession.

729 Prospect Realty Service Corp. v. Rodriguez: Index No. 55313/15, NYLJ No. 1202761611720 (Civ. Ct. Bronx; 5/12/16; Spears, J)