Case Type

Illegal Lockout

Housing Type

Rent Stabilized

Court

Civil Court of the City of New York

County

Queens County (Queens)

L&T / Index / Case / Docket / Clerk's Number

L&T 2693/24

Slip Opinion Number

2024 NY Slip Op 34060(U)

Petitioner

Alisa Elwin

Respondent

Miguel Burnett

Judge

Jimenez, Sergio

Decision/Order Date

2024-11-15

Posture

Other

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

In this illegal lockout proceeding, the tenant alleged being locked out of her apartment by the landlord’s son, who had assumed ownership after the original landlord's death. The landlord contended that the tenant had abandoned the premises, but the court found insufficient proof of abandonment, ruling that the tenant had not forfeited her right to the apartment. The court granted the tenant possession of the apartment, ordering the landlord to provide keys or allowing the tenant to change the locks.

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