Tenant Illegally Evicted After Fire

June 30, 2005

LVT Number: 18173

Rent-controlled tenant sued landlord, claiming that she was illegally locked out of her apartment. Landlord admitted that it changed the locks to tenant's apartment. But landlord claimed that tenant abandoned the apartment after she was displaced by a fire in the building. There was no rent reduction order from the DHCR or HPD. The court ruled for tenant. Tenant was 67 years old and had lived in the apartment since 1962. She left most of her possessions in the apartment after the fire. She also showed that she attempted to file forms with HPD but filed the wrong form.

Rent-controlled tenant sued landlord, claiming that she was illegally locked out of her apartment. Landlord admitted that it changed the locks to tenant's apartment. But landlord claimed that tenant abandoned the apartment after she was displaced by a fire in the building. There was no rent reduction order from the DHCR or HPD. The court ruled for tenant. Tenant was 67 years old and had lived in the apartment since 1962. She left most of her possessions in the apartment after the fire. She also showed that she attempted to file forms with HPD but filed the wrong form. Tenant didn't seek a rent reduction from the DHCR but sent landlord payments of $1.00 per month for at least four months while she couldn't enter the apartment. Landlord also didn't advise tenant when she could move back in, despite tenant's inquiries. So landlord didn't prove that tenant abandoned the apartment.

Walker v. 570 7th Ave. LLC: NYLJ, 6/8/05, p. 22, col. 1 (Civ. Ct. Kings; Fitzpatrick, J)

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