Squatters Not Illegally Evicted

January 1, 1995

LVT Number: 9348

Landlord New York City used police officers to remove squatters from an abandoned building. Squatters asked the court to let them move back in, claiming the eviction was illegal because landlord had evicted them by force. Squatters also pointed out that the eviction was improper because they'd made repairs to the buildingincluding installing new wiring and plumbing. The court ruled that squatters had been illegally evicted, and ordered them restored to possession. Landlord appealed, and won. Ordinarily, landlord can't use force to evict people.

Landlord New York City used police officers to remove squatters from an abandoned building. Squatters asked the court to let them move back in, claiming the eviction was illegal because landlord had evicted them by force. Squatters also pointed out that the eviction was improper because they'd made repairs to the buildingincluding installing new wiring and plumbing. The court ruled that squatters had been illegally evicted, and ordered them restored to possession. Landlord appealed, and won. Ordinarily, landlord can't use force to evict people. But that rule only applies to tenants, and squatters don't get the same legal protections as tenants. So, landlord could use self-help, rather than go to court to get possession.

Paulino v. Wright: NYLJ, p. 26, col. 1 (12/27/94) (App. Div. 1 Dept.; Ellerin, JP, Kupferman, Williams, Tom, JJ)

Topics

More like this