Tenant Gets Damages for Illegal Eviction

April 1, 1996

LVT Number: 10462

Rent-stabilized tenant requested a renewal lease. Landlord refused, seemingly because an unauthorized subtenant had moved into tenant's apartment. Landlord evicted tenant and subtenant without first getting a court order permitting the eviction. Tenant later regained possession of the apartment. Tenant requested damages. The court ruled for tenant. Tenant had been illegally evicted. Even if there was an illegal subtenant in the apartment, tenant hadn't given up the apartment. A trial would be held to determine the amount of damages due to tenant.

Rent-stabilized tenant requested a renewal lease. Landlord refused, seemingly because an unauthorized subtenant had moved into tenant's apartment. Landlord evicted tenant and subtenant without first getting a court order permitting the eviction. Tenant later regained possession of the apartment. Tenant requested damages. The court ruled for tenant. Tenant had been illegally evicted. Even if there was an illegal subtenant in the apartment, tenant hadn't given up the apartment. A trial would be held to determine the amount of damages due to tenant. Tenant may be entitled by law to triple damages.

517 E. 83rd St. Assocs. v. Sonderholm: NYLJ, p. 30, col. 2 (3/27/96) (App. T. 1 Dept.; Parness, PJ, McCooe, Freedman, JJ)

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