BBG News

Harris Decision

Feb 2, 2022

On behalf of an Owner, Belkin Burden Goldman, LLP, commenced an illegal lockout proceeding pursuant to RPAPL 713(10), against a person who had unlawfully entered into and refused to vacate an apartment which allows for a court order without requiring that a predicate notice be served.

On January 12, 2022, Owner’s agents observed a tenant from one apartment enter and begin to occupy a vacant apartment in the building. When the person refused to vacate, a proceeding was commenced on January 31, 2022. A conference was held with the Court and the illegal occupant on February 7, 2022, and adjourned to the next day for a hearing. On February 8, 2022, an inquest was held as the occupant failed to appear in court.

Owner’s agents demonstrated at the hearing that the occupant had unlawfully broken the lock to the apartment and had forcibly entered into the apartment without Owner’s consent. The occupant was never provided keys by Owner and occupant refused to vacate. Prior to commencing the action, Owner attempted to have the NYPD remove occupant from the Apartment, but the NYPD refused to assist without a court order.

After conclusion of testimony by Owner’s agents, the Court granted Owner a final judgment of possession with the issuance of a warrant forthwith. The Court further permitted Owner to contact the NYPD to enforce the judgment upon occupant refusing to vacate the apartment. The occupant was ejected from the apartment on the next day with the assistance of the NYPD.

By seeking relief pursuant to RPAPL 713(10), Owner was able to expediently obtain relief without the delay normally involved in eviction proceedings and ejectment actions. The entire proceeding took less than ten (10) days from commencing the action, to obtaining possession of the apartment.

For further information on this case please refer to the attached decision or if you need creative proactive thinking to handle tenant disputes, please contact your BBG attorney.


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