Tenant Unlawfully Evicted Roommate

LVT Number: #23672

The Manhattan District Attorney brought criminal charges against tenant for unlawful eviction and obstructing governmental administration after tenant ousted her roommate and refused to open her bedroom door to talk to police. The court convicted tenant, who appealed and won in part. After roommate lived with tenant for several months, tenant changed the apartment locks and removed roommate's possessions. They had discussed terminating the written roommate agreement, but roommate hadn't surrendered possession. This supported the conviction for unlawful eviction.

The Manhattan District Attorney brought criminal charges against tenant for unlawful eviction and obstructing governmental administration after tenant ousted her roommate and refused to open her bedroom door to talk to police. The court convicted tenant, who appealed and won in part. After roommate lived with tenant for several months, tenant changed the apartment locks and removed roommate's possessions. They had discussed terminating the written roommate agreement, but roommate hadn't surrendered possession. This supported the conviction for unlawful eviction. When police came to investigate, tenant spoke with them, then went into her bedroom, locked the door, and telephoned an attorney because she was fearful. This didn't amount to obstructing a police investigation through physical force or interference. Although tenant didn't comply with the police directive to open the door, this didn't amount to an intent to obstruct the investigation. The conviction on this charge was reversed.

People v. Goli: 2011 NY Slip Op 21332, 2011 WL 4424463 (App. T. 1 Dept.; 9/23/11; Schoenfeld, JP, Hunter Jr, J)