Case Type
Illegal Lockout
Housing Type
Other
Court
SUPREME COURT, APPELLATE TERM, SECOND DEPARTMENT
County
Kings County (Brooklyn)
L&T / Index / Case / Docket / Clerk's Number
2022-984-KC
Petitioner
Joan Rodriguez
Respondent
HUB BK, LLC
Judge
TOUSSAINT, WAVNY; BUGGS, CHEREÉ A.; OTTLEY, LISA S.
Decision/Order Date
2025-07-18
Posture
Other
Disposition
Other
Winner
Tenant Substantially Won
Synopsis
The court reversed a lower court's dismissal of a tenant's illegal lockout petition, ordering restoration of possession. The tenant, a lawful occupant, was locked out of her apartment after the tenant of record died. The lower court had applied the "doctrine of futility, " reasoning that since the occupant had no possessory rights, it would have been pointless for the landlord to commence a summary proceeding. The appellate court rejected this, ruling that the doctrine of futility is no longer valid after the Housing Stability and Tenant Protection Act of 2019 (HSTPA), which grants lawful occupants the right to due process before eviction.
Keywords
Illegal Lockout; Doctrine of Futility
Recommended Citation
"Rodriguez v. HUB BK, LLC" (2025). All Decisions. 1889.
https://ir.lawnet.fordham.edu/housing_court_all/1889
