Landlord Illegally Locked Out Rooming House Occupant

December 16, 2014

LVT Number: #25844

Rooming house occupant sued landlord, claiming that he was a tenant illegally locked out by landlord. Landlord claimed that occupant was a licensee whose license was properly terminated. In April 2014, landlord rented the bottom right bunk on the second floor of the building to occupant. Occupant returned late in the day on Oct. 11, 2014, and found someone else in his bunk. Since then, occupant slept on a mattress on the floor of the building's living room. The court ruled for occupant, who had a rental agreement to occupy the bunk.

Rooming house occupant sued landlord, claiming that he was a tenant illegally locked out by landlord. Landlord claimed that occupant was a licensee whose license was properly terminated. In April 2014, landlord rented the bottom right bunk on the second floor of the building to occupant. Occupant returned late in the day on Oct. 11, 2014, and found someone else in his bunk. Since then, occupant slept on a mattress on the floor of the building's living room. The court ruled for occupant, who had a rental agreement to occupy the bunk. The bunk was a housing accommodation, and if landlord wanted to evict occupant, it had to bring a proceeding in housing court to do so.

Ross v. Baumblit: 2014 NY Slip Op 24353, 2014 WL 6490491 (Civ. Ct. Kings; 11/7/14; Marton, J)

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