1250 Broadway, 27th Floor New York, NY 10001


j0285144.jpgAllison Witlow hadn't paid rent for about a year and had also stopped paying her utility bills for her Kip's Bay apartment.

By December 2006, all of her belongings had been removed and another tenant leased the space. Yet, some seven months later, Allison filed a proceeding with the New York County Civil Court seeking to get her apartment back.

After finding she was "illegally evicted," the Housing Court ordered a hearing be held to determine whether Allison should be restored to possession or whether the new resident could remain in the space.

On appeal, the Appellate Term, First Department, took a different view of the situation.

Since Witlow hadn't honored her rent payments for an extended period of time, delayed seeking relief, and wasn't successful finding a new home, the appellate court concluded Allison "abandoned" the unit and wasn't entitled to relief in her favor.

That had to have triggered some displaced anger.

j0284115.gifTo download a copy of the Appellate Term's decision, please use this link: Witlow v. Kip's Bay JV LLC