Subtenant Illegally Locked Tenant's Son Out of Apartment

In 2009, rent-stabilized tenant left her apartment for Antigua to care for her mother. She returned to the apartment frequently but, in the meantime, sublet the apartment for the past 20 years to a family friend. The subtenant lived in the apartment with his own family. Tenant's son also lived in the apartment with subtenant from time to time, although in recent years he didn't have a key. In early 2020, subtenant refused to let tenant's son back into the apartment after his most recent absence. Subtenant claimed this was due to the COVID-19 pandemic. Tenant's son then sued subtenant, claiming illegal lockout.

The court held a hearing and ruled for tenant's son. Although tenant's son may not have been in actual possession of the apartment for 30 consecutive days prior to the date of the lockout, he has unquestionably been in constructive possession of the apartment. While the court made no ruling as to whether either of the parties had a claim to tenancy of the apartment, subtenant had to permit tenant's son into the unit. Tenant's son could seek the assistance of the NYPD to enforce the court's order. 

Bascus v. Lake: Index No. 801155/20, 2020 NY Slip Op 50425(U)(Civ. Ct. Bronx; 4/14/20; Garland, J)