Tenant Gets Triple Damages for Wrongful Eviction

Facts: In September 2003, tenant had received a letter from landlord asking her to move out for four to six months so that landlord could renovate the building. Tenant didn't respond to landlord's letter or follow-up letters. In February 2004, landlord cut off gas and electricity to tenant's apartment. A few days later, landlord locked tenant out of the building. Tenant sued landlord in housing court, and the court ordered landlord to restore tenant to possession. Tenant then discovered that her apartment no longer existed. It had been divided in half, into two separate apartments. Landlord restored tenant to only one of the two apartments. Tenant then sued landlord in State Supreme Court for wrongful eviction. The court ruled for tenant and a jury awarded tenant $192,000 in damages. Tenant asked the court for triple damages. The court ruled against tenant, finding that the jury award adequately compensated tenant for her loss. Tenant appealed.

Court: Tenant wins. When a landlord illegally evicts a tenant, triple damages may be awarded under RPAPL Section 853. Although the court had discretion as to whether to award triple damages, the facts of the case warranted triple damages and the court should have granted tenant's request. The appeals court awarded tenant $582,000.

Clinkscale v. Sampson: Index No. 07-03603, 2008 WL 538947 (2/26/08) (App. Div. 2 Dept.; Ritter, JP, Santucci, Covello, Carni, JJ)