Tenants Unlawfully Evicted

Tenants sued landlord, claiming unlawful eviction. Tenants occupied the third floor of landlord's one-family house. Tenants had told landlord they would move out by June 25, 1996. On June 28, landlord changed the locks at the house and moved tenants' belongings into storage. Tenants asked to be restored to possession. Tenants also claimed that $10,000 in cash and a diamond ring had been stolen from their belongings. The court ruled for tenants in part. The court refused to allow tenants to move back into the house because tenants and landlord were hostile to each other and it would be potentially dangerous. Tenants had also said that they wanted to move out. And the tenancy was illegal. Landlord didn't have a certificate of occupancy for a two-family house. Tenants didn't prove that they had owned either the large amount of cash claimed or the diamond ring. But the court awarded tenants $500 in damages for the inconvenience of being evicted suddenly and losing access to their belongings. The court also tripled the damage award to $1,500 because landlord created an illegal tenancy and resorted to unlawful self-help eviction.

Francis v. Reid: NYLJ, p. 26, col. 5 (7/17/96) (City Ct. Mt. Vernon; Seiden, J)