Case Type
Illegal Lockout
Housing Type
Project Based Section 8
Court
Civil Court of the City of New York
County
Bronx County (Bronx)
L&T / Index / Case / Docket / Clerk's Number
LT-001947-25/BX
Slip Opinion Number
2025 NY Slip Op 25170
Petitioner
Miguel Angel Batiz
Respondent
CSA Preservation Partners LLC, C & C Apartment Management
Judge
Lutwak, Diane E.
Decision/Order Date
2025-07-25
Posture
Other
Disposition
Judgment for Tenant
Winner
Tenant Substantially Won
Synopsis
The court granted a pro se petitioner's illegal lockout claim, ordering restoration to an apartment he shared with the deceased tenant of record. The court rejected the landlord's "futility doctrine" argument, which claimed the petitioner had no independent right to possession. Relying on the reasoning from a recent Appellate Term, Second Department decision in **Rodriguez v. Hub Bk LLC**, the court determined that as a lawful occupant who had resided in the apartment for at least thirty days, the petitioner was entitled to the protections of a formal legal proceeding before being evicted, regardless of his ultimate possessory rights.
Keywords
Illegal Lockout; Relying on Rodriguez v. Hub BK, no Doctrine of Futility; Licensee; RAD/PACT Housing
Recommended Citation
"Batiz v. CSA Preserv. Partners LLC" (2025). All Decisions. 1869.
https://ir.lawnet.fordham.edu/housing_court_all/1869
