Wrongful Evictions in New York
A wrongful eviction action is defined by Black’s Law Dictionary as “a lawsuit brought by a former tenant or possessor of real property against one who has put the plaintiff out of possession, alleging that the eviction was illegal.”
A wrongful eviction action can result in the plaintiff/former occupant being restored into possession of the subject premises. It is worth noting that when the subject premises has been re-let, the court will balance the equities between the plaintiff/former occupant vs. the rights of the new resident of the subject premises. Wrongful evictions can be litigated in every county in New York State.
Another possible outcome of a wrongful eviction action is that the plaintiff/former occupant can be awarded punitive damages. Often times, wrongful evictions result in economic loss such as hotel costs for the former occupant, or the loss of personal belongings that were discarded by the defendant. In New York, treble damages may be awarded in wrongful eviction actions.
For the eviction to have been a wrongful eviction or illegal, the underlying basis or the case procedure must have an identifiable defect. Often times, Rent Stabilization Procedures are not properly followed or tenant payments are not properly credited to the tenants account. Self-Help adds a layer of complication but almost always fits into the category of wrongful eviction, especially in residential units. Self-Help language in leases will be reviewed by courts when a self-help eviction issue is raised in the court.
Understanding the landlord tenant dynamic and how wrongful evictions play a roll in that dynamic can present a dilemma if you do not seek the advice of an attorney. These complex issues are often not presented properly and the cases are often dismissed.
Eviction Attorney in New York
If you have been wrongfully evicted, please call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 to speak to an attorney today!
Standing in Landlord Tenant Court
Standing is an affirmative defense that finds its way into many Answers in Landlord Tenant Court. Standing refers to the right of the petitioner/landlord to bring the case in the first place. The quick rule of thumb to decipher whether or not a petitioner has Standing is if the petitioner appears on the deed to the property on the date that the action was commenced. An action is commenced on the date that the index number is purchased with the Court.
In cases where Standing is at issue, it is necessary to determine whether or not a Power of Attorney has given the authority to prosecute a case to another individual than whom appears on the deed. It is important to note that the petitioner should in most cases still be the person named as owner on the property deed.
If you are involved in a current landlord tenant proceeding or are considering bringing a landlord tenant action, call (516) 858-2620 to speak to a landlord tenant attorney today!
Knowing the venue where you are litigating your eviction is vital in several ways including the cost of the action. Nassau County in particular can be very costly due to some local town codes. In Nassau County, the Sheriff requires the landlord to pay for the moving expenses and first month’s storage charges for the tenant’s belongings. The reason for this cost is that Nassau County and the municipalities and townships inside Nassau County have ordinances and codes in place to protect the public health and welfare in their municipalities or towns. These town codes prevent garbage and discarded property from being left curbside. Faced with the dilemma of figuring out how to execute the warrant of eviction for landlords without leaving the tenant’s belongings curbside, the Sheriff decided to employ the services of a moving company to remove the tenants belongings and acquire a storage unit to hold such belongings. It is the responsibility of the Sheriff to ensure that the municipality collects these funds and does not take a financial loss. The Sheriff therefore demands that the landlord pay the moving and storage expense upfront. For more information regarding this aspect of Nassau County eviction proceedings, read the decision of