Tenant Can Get Damages for Illegal Eviction

Facts: Prior landlord, a receiver, started two court cases to evict tenant for nonpayment of rent. The court joined the cases together. The court ruled for landlord in part and issued an eviction warrant. After giving tenant a $1,500 rent abatement, the court found that tenant owed landlord $1,970. Tenant paid landlord $1,500 instead of $1,970. Landlord accepted this sum but then stopped accepting tenant's rent checks and sought the full back rent. Landlord also sold the building during this time. New landlord evicted tenant based on the warrant issued to prior landlord. Tenant asked the court to reinstate her to possession. Tenant claimed that new landlord relied on judgment in the second nonpayment case but that this had been overridden by a later judgment without an eviction warrant issued after the cases were joined together. The housing court found that new landlord didn't have the authority to enforce the eviction warrant issued to prior landlord. But the court refused to restore tenant to possession because a new tenant had already moved in. Tenant didn't appeal but sued landlord for damages based on illegal eviction. Landlord claimed that the housing court ruling barred tenant from suing for damages. The court ruled against tenant, and tenant appealed. Court: Tenant wins. The housing court ruled only that it would be unfair to evict new tenant. The housing court had ruled that new landlord had no authority to enforce the eviction warrant. And the record in the nonpayment cases showed that there was, in fact, no valid eviction warrant to enforce at the time tenant was evicted. Tenant could seek money damages from new landlord for wrongful eviction.

Fusco v. Kraumlap Realty Corp.: NYLJ, 11/20/03, p. 24, col. 6 (App. Div. 1 Dept.; Andrias, JP, Sullivan, Rosenberger, Friedman, JJ)