Tenant Illegally Evicted

March 1, 1994

LVT Number: 8578

Landlord City of New York locked illegal occupant out of an apartment. Occupant had been in the apartment peaceably for over 30 days. Landlord locked out the occupant without going to court first, and with the help of two HPD officials and three police officers. Occupant sued landlord, asking to move back. The court ruled for occupant. Property Actions and Proceedings Law section 713(10) bars self-help eviction. Landlord should have gone to court first. Tenant was allowed to move back into the apartment. Tenant got no damages because there was no damage to his property.

Landlord City of New York locked illegal occupant out of an apartment. Occupant had been in the apartment peaceably for over 30 days. Landlord locked out the occupant without going to court first, and with the help of two HPD officials and three police officers. Occupant sued landlord, asking to move back. The court ruled for occupant. Property Actions and Proceedings Law section 713(10) bars self-help eviction. Landlord should have gone to court first. Tenant was allowed to move back into the apartment. Tenant got no damages because there was no damage to his property. But, the court ordered a hearing to decide possible sanctions. Landlord City of New York has continued to conduct illegal evictions for almost two years despite court orders against them.

Caminero v. City of New York: NYLJ, p. 23, col. 4 (2/2/94) (Civ. Ct. Bronx; Callender, J)

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