Unlawful Eviction Can't Be Based on Protective Order

May 31, 1996

LVT Number: 10604

Tenant sued co-tenant for unlawful eviction. Co-tenant had obtained an order of protection against tenant after calling the police to the apartment and having tenant arrested. Co-tenant then changed the apartment locks. The court ruled against tenant. By the time tenant sued for unlawful eviction, the criminal court had already issued the protective order barring tenant from the apartment. Therefore tenant couldn't try to re-enter the apartment by relying on the unlawful evictions law.

Tenant sued co-tenant for unlawful eviction. Co-tenant had obtained an order of protection against tenant after calling the police to the apartment and having tenant arrested. Co-tenant then changed the apartment locks. The court ruled against tenant. By the time tenant sued for unlawful eviction, the criminal court had already issued the protective order barring tenant from the apartment. Therefore tenant couldn't try to re-enter the apartment by relying on the unlawful evictions law. The criminal court's order wasn't prohibited by the unlawful evictions law, and tenant must appeal that order to try to obtain permission to re-enter the apartment.

Bowie v. Sentell: NYLJ, p. 28, col. 3 (5/15/96) (Civ. Ct. Kings; Callender, J)

Topics

More like this