Section 8 Tenant Illegally Evicted

November 1, 1994

LVT Number: 9190

Landlord sued to evict Section 8 tenant for nonpayment of rent, claiming that the Section 8 agency hadn't paid tenant's rent for March and April 1994. But before tenant's time to answer landlord's court papers ran out, landlord changed the locks on her apartment and rented it to another tenant. Landlord claimed that the super told him that tenant no longer wanted the apartment. Tenant argued that she'd been illegally evicted, and that the rent hadn't been paid due to an oversight by the Section 8 agency. The court ruled for tenant. Landlord can't lock tenant out without a court order.

Landlord sued to evict Section 8 tenant for nonpayment of rent, claiming that the Section 8 agency hadn't paid tenant's rent for March and April 1994. But before tenant's time to answer landlord's court papers ran out, landlord changed the locks on her apartment and rented it to another tenant. Landlord claimed that the super told him that tenant no longer wanted the apartment. Tenant argued that she'd been illegally evicted, and that the rent hadn't been paid due to an oversight by the Section 8 agency. The court ruled for tenant. Landlord can't lock tenant out without a court order. But, since new tenant had already moved in, tenant can't get the apartment back. She can only get money damages for the illegal eviction.

Parkash v. Lorenzo: NYLJ, p. 24, col. 4 (10/12/94) (Civil Ct. Bronx; Fiorella, J)

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