Tenant Seeks Expenses for Illegal Eviction

June 30, 1994

LVT Number: 8870

An appeals court ruled that tenant had been illegally evicted, and let her move back into the apartment. Tenant then sued for money damages resulting from the illegal eviction. Landlord argued that tenant's illegal eviction case had already been decided by the appeals court, so tenant couldn't start a second case based on the same claim. The court ruled for tenant. Tenant couldn't sue for damages in the prior illegal eviction case, since housing court judges can't award monetary damages. So, tenant's case for damages can go forward.

An appeals court ruled that tenant had been illegally evicted, and let her move back into the apartment. Tenant then sued for money damages resulting from the illegal eviction. Landlord argued that tenant's illegal eviction case had already been decided by the appeals court, so tenant couldn't start a second case based on the same claim. The court ruled for tenant. Tenant couldn't sue for damages in the prior illegal eviction case, since housing court judges can't award monetary damages. So, tenant's case for damages can go forward.

Mills v. Wharton: NYLJ, p. 32, col. 5 (6/22/94) (Civ. Ct. Kings; Steinhardt, J)

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