Tenant Not on Active Military Duty Can't Be Evicted

Landlord sued to evict tenant. The court ruled for landlord, and tenant was evicted. Tenant asked the court to be restored to possession of the apartment, claiming that she was in the military and that landlord knew this at the time of her eviction. She said landlord also knew that she was being hospitalized here and that she was awaiting assignment to Iraq upon her recovery. Landlord questioned whether tenant was actually in the military. In addition, it had information from the Defense Department's Web site stating that tenant wasn't on active duty. The court ruled for tenant and restored her to the apartment. The Defense Department data did, in fact, show that tenant was in the military. And the Servicemembers Civil Relief Act protects servicemembers who are absent from active duty because of illness, as was the tenant.

Secretary of Housing & Urban Development v. McClenan: NYLJ, 11/3/04, p. 19, col. 3 (Civ. Ct. Queens; Brown, J)