Squatter Can't Be Restored to Possession
LVT Number: 9271
Facts: Squatter sued landlord, City of New York, to be restored to possession of an apartment. Squatter had paid the managing agent $50 for permission to move into the vacant apartment. Once settled in, squatter told landlord that he'd broken into the apartment and wanted to become a tenant. Landlord repeatedly objected to squatter's tenancy, but squatter refused to move out. Squatter's relatives also submitted false papers to landlord in an attempt to support squatter's rights to the apartment. Landlord ordered squatter removed from the apartment in handcuffs by police officers. Squatter asked the court to give him back the apartment, claiming that landlord had illegally evicted him. Court: Squatter loses. He fraudulently entered the apartment and bribed the managing agent in an attempt to get the apartment. So, even though landlord had illegally removed squatter from the apartment, he can't be restored to possession because his conduct was knowingly wrong.
Colon v. NYC Dept. of HPD: NYLJ, p. 28, col. 6 (11/23/94) (Civ. Ct. Kings; Knipel, J)