REID v. NDIAYE (2021)

Plaintiff rented a one bedroom furnished apartment from defendant on a verbal agreement on August 5, 2020. Plaintiff paid defendant six hundred dollars ($600.00) for the first month's rent and six hundred dollars ($600.00) for a security deposit. On August 25, 2020, the defendant moved all of the plaintiff's property out of the apartment and delivered it to the roadside at Carpenter Avenue and 228th Street in the Bronx. Plaintiff stated that as a result, his TV was damaged.

Defendant claimed that plaintiff threatened her and she had to get him out of the apartment. The Court notes that this occurred during the eviction moratorium imposed by the Governor (Executive Order 202.28); Tenant Safe Harbor Act (Chapter 17 of the Laws of NY, 2020) and as such, the defendant could not go to court on a summary proceeding. The Court further understands that the defendant did not go to the police for help with her situation.

In any event, this Court cannot allow self help eviction actions by the defendant. See RPAPL § 768. If the Court were to support such action, chaos would ensue.

After hearing the testimony of the parties and judging their credibility the Court finds for plaintiff in the sum of eight hundred dollars ($800.00). Plaintiff will pay for the twenty days he used the apartment and receive back the balance of his rent paid and the security. Plaintiff failed to submit any evidence concerning his alleged TV damage.

The above complies with the Court's statutory charge to do substantial justice between the parties. UCCA § 1804.

The above constitutes the Decision and Order of the Court.

Adam Seiden, J.