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Alcindor v. Raphael

Landlord Ordered to Restore Tenant to Final Possession of Premises in Illegal Lockout Suit

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DECISION/ORDER

*1  Carolyn Alcindor, the petitioner in this proceeding (“Petitioner”), commenced this proceeding against Robert Raphael, the respondent in this proceeding (“Respondent”), pursuant to RPAPL §713(10) seeking possession of 95 Seaman Avenue, Apt. A, New York, New York (“the subject premises”) on the ground that Respondent illegally locked Petitioner out of the subject premises. Respondent interposed an answer with defenses of general denial and lack of jurisdiction. The Court held a trial of this matter on January 23, 2018, January 29, 2018, and February 5, 2018. The parties did not dispute the salient facts at the trial. Petitioner has had a voucher issued by the Department of Housing Preservation and Development of the City of New York (“HPD”) pursuant to 42 U.S.C. §1437f, commonly known as “Section 8.” With that voucher, Petitioner applied to be a tenant of the subject premises. The parties executed a lease for the subject premises in September of 2016 that was to commence on November 1, 2016 with a monthly rent of $2,200.00. Respondent signed an agreement with HPD according to which HPD would pay the difference between Respondent’s share of the rent and the full monthly rent of

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