Unlawfully Evicted Occupant Can Move Back

July 31, 1993

LVT Number: 8049

Landlord removed occupant from apartment by self-help eviction. Occupant was emotionally unstable and had been in the apartment for less than one month. Prior occupant had let her in. Occupant sued landlord to be allowed to move back in. The court ruled that occupant had been unlawfully evicted. She'd moved into the apartment quietly and without physical resistance or opposition by prior occupant. Occupant also claimed that she'd been in the apartment at least 30 days, but it didn't matter how long she was there.

Landlord removed occupant from apartment by self-help eviction. Occupant was emotionally unstable and had been in the apartment for less than one month. Prior occupant had let her in. Occupant sued landlord to be allowed to move back in. The court ruled that occupant had been unlawfully evicted. She'd moved into the apartment quietly and without physical resistance or opposition by prior occupant. Occupant also claimed that she'd been in the apartment at least 30 days, but it didn't matter how long she was there. And, even if occupant was ultimately legally evicted, she had the right to occupy the apartment in the meantime.

Almonte v. City of New York: NYLJ, p. 27, col. 4 (7/14/93) (Civ. Ct. Kings; Johnson, J)

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