Tenant's Husband Restored to Possession

August 31, 2005

LVT Number: 18297

Landlord locked rent-stabilized tenant's husband out of apartment after tenant died. The husband then sued landlord, claiming wrongful eviction. The court ruled for the husband. Landlord appealed and lost. Even if the husband wasn't a tenant, he was in possession of the apartment when tenant died. Contrary to landlord's claim, the husband hadn't abandoned the apartment. Right before landlord locked him out, landlord accepted two rent checks from the husband. Landlord also knew that the husband had asked for a renewal lease in his own name.

Landlord locked rent-stabilized tenant's husband out of apartment after tenant died. The husband then sued landlord, claiming wrongful eviction. The court ruled for the husband. Landlord appealed and lost. Even if the husband wasn't a tenant, he was in possession of the apartment when tenant died. Contrary to landlord's claim, the husband hadn't abandoned the apartment. Right before landlord locked him out, landlord accepted two rent checks from the husband. Landlord also knew that the husband had asked for a renewal lease in his own name.

Banks v. 508 Columbus Properties: NYLJ, 8/2/05, p. 23, col. 5 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Schoenfeld, JJ)

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