Tenant Must Pay Damages to Former Roommate She Illegally Evicted

November 27, 2018

LVT Number: #29781

Former roommate sued rent-stabilized tenant for breach of contract or warranty, and illegal eviction, seized property, and obstruction of mail. She sought $15,720 in damages. Tenant had locked roommate out of the apartment and refused to give her a new key. The trial court ruled that the roommate had been unlawfully evicted. She was entitled to a 30-day termination notice, and tenant should have started an eviction proceeding in housing court rather than use self-help eviction.

Former roommate sued rent-stabilized tenant for breach of contract or warranty, and illegal eviction, seized property, and obstruction of mail. She sought $15,720 in damages. Tenant had locked roommate out of the apartment and refused to give her a new key. The trial court ruled that the roommate had been unlawfully evicted. She was entitled to a 30-day termination notice, and tenant should have started an eviction proceeding in housing court rather than use self-help eviction. The roommate didn't seek restoration to the apartment, and didn't provide proof of the dollar amount of damages. The court found that roommate's damages were $573, which was the difference between the legal rent-stabilized rent of $1,123 and roommate's rent of $550. The court added triple damages to award the roommate $1,719. 

Gyasi v. Antiwiwaa: 61 Misc.3d 1213(A), 2018 NY Slip Op 51488(U) (Civ. Ct. Bronx; 10/25/18; Kraus, J)

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