Case Type
Illegal Lockout
Housing Type
Assisted Living for Seniors
Court
Civil Court of the City of New York
County
New York County (Manhattan)
L&T / Index / Case / Docket / Clerk's Number
1252/2024
Slip Opinion Number
2024 NY Slip Op 51411(U)
Petitioner
Elizabeth Monfils
Respondent
Vista on 5th Corp.
Judge
Stoller, Jack
Decision/Order Date
2024-10-16
Posture
Other
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
In this illegal lockout case, the court ruled that the tenant retains possession of the premises despite being temporarily transferred to a hospital and rehabilitation facility. The landlord’s refusal to readmit the tenant without court approval violated statutory protections under Social Services Law § 461-g. The court found that a resident’s discharge from an enriched housing program requires a court proceeding, and self-help measures are unlawful. The tenant met the burden of proving an illegal lockout under RPAPL §713(10), and the case was restored to allow the landlord to address unresolved claims.
Recommended Citation
"Monfils v. Vista on 5th Corp." (2024). All Decisions. 1650.
https://ir.lawnet.fordham.edu/housing_court_all/1650
