Tenant Unlawfully Evicted Must Be Restored to Possession

Landlord sued to evict rent-stabilized tenant for nonpayment of rent, based on oral rent demand. The court ruled for landlord, and tenant was evicted after not appearing in court. She then asked the court to be restored to possession, claiming that no one ever spoke with her to demand rent payment and that she never received any court papers. Tenant was out of town when the eviction took place. Landlord’s new managing agent also admitted that landlord accepted rent after landlord started the court case, including the two months of outstanding rent at issue when the case started. The court ruled for tenant and ordered landlord to restore her to possession, based on unlawful eviction. Landlord had rerented the apartment, but that tenant failed to appear in court in response to the court’s notice of a hearing on tenant’s claim. So an eviction warrant was issued against new tenant.

Walton Avenue Realty Associates LLC v. Soriano: Index No. 62025/2016, NYLJ No. 1202779528387 (Civ. Ct. Bronx; 2/6/17; Lutwak, J)