Illegally Evicted Tenant Can Move Back

November 1, 1993

LVT Number: 8275

Occupant sued landlord, claiming unlawful eviction. Landlord claimed occupant wasn't a tenant, and that she'd entered the apartment on June 17, 1993, without landlord's permission and put her own lock on the apartment door. She had exclusive access and control over the apartment until landlord's employees and an armed police officer ordered her to leave on July 22. Occupant said she left because she was ordered to and was afraid. The police officer told her she could be arrested. The court ruled that occupant could move back in.

Occupant sued landlord, claiming unlawful eviction. Landlord claimed occupant wasn't a tenant, and that she'd entered the apartment on June 17, 1993, without landlord's permission and put her own lock on the apartment door. She had exclusive access and control over the apartment until landlord's employees and an armed police officer ordered her to leave on July 22. Occupant said she left because she was ordered to and was afraid. The police officer told her she could be arrested. The court ruled that occupant could move back in. Real Property Actions and Proceedings Law section 713(10) bars landlord from carrying out this type of self-help eviction. The law is designed to preserve peace and prevent force or violence. Even if occupant was in the apartment illegally, landlord New York City had no business conducting an armed, self-help eviction.

Hawkins v. City of New York: NYLJ, p. 23, col. 3 (10/20/93) (Civ. Ct. Bronx; Callender, J)

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