Tenant's Daughter Illegally Evicted

Facts: Tenant's daughter sued landlord for illegal eviction. She'd moved in with her mother, a Section 8 tenant, about six months before her mother's death. After her mother's death, landlord told occupant she'd have to move out, but that she could have another apartment in the building for about twice her mother's rent. Tenant wouldn't move. Landlord then removed the locks from the front door and removed all belongings from the apartment without a court order. Landlord claimed the eviction was legal because the police and the city's public administrator had approved it. Court: Tenant's daughter wins. Landlord needs a court order to evict someone who's been living in an apartment for more than 30 consecutive days. It doesn't matter if the police and public administrator have approved the eviction. Tenant's daughter can move back into the apartment.

Khelemskaya v. 7901 Realty Corp.: NYLJ, p. 30, col. 2 (7/13/94) (Civ. Ct. Kings; Callender, J)