Section 8 Tenant Illegally Evicted

June 30, 1993

LVT Number: 7081

Section 8 tenant sued landlord, claiming she'd been illegally evicted. Landlord claimed tenant had moved out, but tenant claimed that she'd merely moved her old furniture out of the apartment and was waiting for new furniture. Tenant had lived in the apartment for 13 years and paid a low rent. Landlord's new tenant stayed only a few months and testified that the apartment was empty when she moved in. But she was a relative of landlord, and the court found that her tenancy was illusory. The court ruled that Section 8 tenant had been illegally evicted.

Section 8 tenant sued landlord, claiming she'd been illegally evicted. Landlord claimed tenant had moved out, but tenant claimed that she'd merely moved her old furniture out of the apartment and was waiting for new furniture. Tenant had lived in the apartment for 13 years and paid a low rent. Landlord's new tenant stayed only a few months and testified that the apartment was empty when she moved in. But she was a relative of landlord, and the court found that her tenancy was illusory. The court ruled that Section 8 tenant had been illegally evicted. But, since another new tenant now lived in the apartment, the court wouldn't let her move back in. Tenant was entitled to damages.

Webley v. David Feldman Realty Corp.: NYLJ, p. 25, col. 4 (6/30/93) (Civ. Ct. Kings; Dowling, J)

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