Case Type

Illegal Lockout

Housing Type

See Decision

Court

Civil Court of the City of New York

County

Kings County (Brooklyn)

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

11665/2020

Petitioner

McGary Johnson

Respondent

NYCHA-Boulevard Houses

Judge

Capell, Heela D.

Decision/Order Date

2021-01-11

Posture

Post-trial Decision

Disposition

Judgment for Tenant

Winner

Tenant Substantially Won

Synopsis

Petitioner-occupant brought an illegal lockout petition. After trial, court found for Petitioner-occupant. Petitioner testified that he had been living in the subject premises since 1998 but that he was never on the lease or income recertifications. Petitioner's mother was the tenant-of-record. She died in 2018. Petitioner was locked out in December 2020 after a police raid. The court ruled that the futility doctrine did not apply because Petitioner had potential rights to the apartment.

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