Tenants Illegally Evicted

Facts: Tenants sued landlord for illegal eviction. They claimed that landlord got them to leave the apartment, then changed the locks, and later had the police throw them out as squatters when they moved back in under a court order. Landlord rerented the apartment in violation of the court's order. Court: Tenants win. Landlord illegally evicted them and then didn't take all reasonable and necessary steps to restore them. Landlord tricked tenants into leaving by promising to renovate the apartment so that tenants could move back within 30 days. Before the work was finished, landlord changed the locks and rerented the apartment at a higher rent. The court ruled that landlord must evict new tenants. Tenants had lived in the apartment for nine months before the renovation and had never showed an intent to move out. New tenants had only been there one month.

Hoskey v. Rivera: NYLJ, p. 27, col. 5 (12/4/96) (Civ. Ct. Kings; Callender, J)