Q: Family changed locks and threw out property in Brooklyn, NY.
I lived in a family-owned home in Brooklyn, NY, for 49 years, sharing the bills with my family. In June 2023, I received a text from a family member giving me 60 days to move out, followed by a letter in August stating the house would be renovated, and my belongings would be thrown out if not removed. I asked for more time but then was hospitalized and in rehab for three months. During that time, the locks were changed, and all my property was thrown out. I'm 66, disabled, and confined to a wheelchair. What can I do about this situation?
A:
Dear Brooklyn Tenant:
What a family. You were illegally evicted. That was a crime. Had you called the police back then, there may have been arrests made. You had a short period of time to sue for an unlawful eviction.
In New York State, a one-year statute of limitations controls wrongful eviction. August 2024 was one year from August 2023, so time had run out to sue for the wrongful eviction. I cannot say that your lost possessions were valuable enough to involve an attorney or that you could prove the value of your destroyed property.
"...Wrongful eviction claims asserted pursuant to RPAPL §853 have a one year statute of limitations (Gold v. Schuster, 264 AD2d 547, 694 N.Y.S. 2d 646 [N.Y.A.D. 1st Dept., 1999]..."
You may have other causes of action with a longer statute of limitations, so that is a good reason to see a lawyer and inquire about your legal rights to sue the former landlord.
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