In R* v H* BK, LLC, the Appellate Term, Second Department overturned a lower court ruling that dismissed a tenant's illegal lockout petition, offering an interpretation of the Housing Stability and Tenant Protection Act of 2019 (HSTPA) and the Real Property Actions and Proceedings Law (RPAPL).
JR initiated the proceeding after her landlord changed the locks to the apartment where she had lived for several years. The lockout followed the death of one tenant of record and the surrender of the lease by the other, facilitated through a power of attorney. Although the parties disputed her exact relationship to the tenants, it was undisputed that R had lived in the unit with their permission—making her, by legal inference, a “lawful occupant.”
The Kings County Civil Court found that restoring R* to possession would be futile, citing precedent and concluding she lacked demonstrable possessory rights. However, the AT2 rejected this reasoning, emphasizing that the HSTPA altered the legal landscape: under RPAPL 711, even a lawful occupant—not just a leaseholder—is protected from eviction via self-help. The decision made clear that once an individual has lawfully occupied a dwelling, they may not be locked out without a proper summary proceeding, even if they are not entitled to long-term possession.
The court underscored that “futility” is no longer a legitimate rationale for denying restoration in RPAPL 713(10) proceedings. So long as the occupant's entry was lawful and the lockout undisputed, restoration is mandated. This decision reinforces a tenant's or occupant's procedural rights under New York housing law, ensuring that no one may be summarily removed without judicial oversight.
In remanding the case, the appellate court ordered R* restored to possession, reinforcing the statutory protections now available under HSTPA. The ruling also signals to landlords that self-help evictions—even in situations with unclear tenant succession—are legally untenable.
Looks like they broke the law and the front door ....
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DECISION