No Illegal Lockout Since Tenant Was Restored to Possession After Filing Order to Show Cause

May 25, 2022

LVT Number: #32040

Tenant brought an order to show cause against landlord under Real Property Actions and Proceedings Law Section 713(10), claiming landlord illegally locked him out of his apartment. Tenant was restored to possession prior to a court hearing. The court therefore dismissed the case. The issue of possession had been resolved at a prior court conference, and tenant had been restored to the apartment. The court therefore was precluded from making a finding of illegal lockout.

Tenant brought an order to show cause against landlord under Real Property Actions and Proceedings Law Section 713(10), claiming landlord illegally locked him out of his apartment. Tenant was restored to possession prior to a court hearing. The court therefore dismissed the case. The issue of possession had been resolved at a prior court conference, and tenant had been restored to the apartment. The court therefore was precluded from making a finding of illegal lockout. As to tenant's claim of damages resulting from landlord's actions, the housing court didn't have the authority to rule on those claims. Tenant could seek additional remedies in a plenary action against landlord, provided he did so within the required statutory deadlines.

Vazquez v. Suljovic: Index No. 10045/22, 74 Misc.3d 1226(A), 2022 NY Slip Op. 50231(U), NYLJ No. 1649740582 (Civ. Ct. Queens; 3/18/22; Sanchez, J)

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