Landlord Unlawfully Evicted Tenant and Demolished Premises

August 8, 2012

LVT Number: #24246

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, giving tenant an extension of time to pay. Landlord evicted tenant before the expiration date of the settlement agreement. Tenant claimed that the eviction was unlawful and sought restoration to possession. Tenant was evicted on July 16, 2012, and an order to show cause with a stay was delivered to landlord's attorney the next day. But during that 24-hour period landlord demolished the kitchen and bathroom of the apartment.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. Landlord and tenant signed a settlement agreement in court, giving tenant an extension of time to pay. Landlord evicted tenant before the expiration date of the settlement agreement. Tenant claimed that the eviction was unlawful and sought restoration to possession. Tenant was evicted on July 16, 2012, and an order to show cause with a stay was delivered to landlord's attorney the next day. But during that 24-hour period landlord demolished the kitchen and bathroom of the apartment. The court found that landlord had intentionally demolished the premises after unlawful eviction. The court ordered landlord to restore tenant to the apartment and to deliver all removed possessions to tenant.

201 W. 136 St. Realty Management v. Roman: Index No. 65723/2012, NYLJ No. 1202564397568 (Civ. Ct. NY; 7/19/12; Kraus, J)

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