Tenant Was Unlawfully Evicted

Facts: Tenant lived in apartment for six months with landlord's consent. Landlord then locked tenant out of the apartment and building. Landlord apparently accused tenant of assaulting him or the other tenant. Landlord got a protection order from the police ordering tenant to stay away from him and another tenant in the building. Tenant got a court order restoring him to possession. But landlord had tenant arrested for criminal trespass when he entered the building. Landlord also removed tenant's property from the apartment and rerented the apartment. Tenant sued landlord for unlawful eviction. Court: Tenant wins. Tenant's apartment was a dwelling unit, and he lived there with landlord's consent for well over 30 days. The building was privately owned. Therefore tenant was protected from illegal evictions and had a right to move back into the apartment until and unless he was legally evicted. Landlord could be held in contempt of court for ignoring the court's order.

Barclay v. Natoli: NYLJ, p. 29, col. 6 (2/28/96) (Civ. Ct. Kings; Callender, J)