DISCUSSION
The court finds that Plaintiff was unlawfully evicted by Dora. Based on his month to [*3]month tenancy, Plaintiff was entitled to a thirty day notice of
termination prior to any eviction. Additionally after service of a 30 day notice, the eviction
should have been accomplished through a holdover proceeding in Housing Court, rather than by
Dora unilaterally changing the locks.
The measure of damages recoverable for unlawful eviction is the difference between the
actual rental value at the time of the eviction and the agreed upon rent for the unexpired term (North Main Street Bagel Corp. v Duncan
37 AD3d 785). At the time of the unlawful eviction, Plaintiff was a month to month
tenant, at the rate of $550 per month, as such, the court will deem Plaintiff to have an additional
month remaining on his lease term.
The rent stabilized lease (Ex 2) for the Subject Premises provided for a rent of $1123.00 per
month. The actual value of the Subject Premises is in all likelihood higher then the rent stabilized
rent, but the record contains no other evidence in this regard. Therefore the court finds that
Plaintiff's actual damages are $573.00, the difference between his rent of $550 and the rent
stabilized rent as per the lease.
RPAPL § 853, provides in pertinent part:
If a person is disseized, ejected, or put out of real property in a forcible or unlawful
manner, or, after he has been put out, is held and kept out by force or by putting him in fear of
personal violence or by unlawful means, he is entitled to recover treble damages in an action
therefor against the wrong-doer.
The purpose of allowing for treble
damages is to discourage undue intimidation in the ejection of persons from real property ( see eg