is it an illegal lockout?

[concernedmom15]

What is the name of your state? New York

I am a legal occupant of an apartment (though not the tenant). The father of my baby has lived in the apartment with me off and on since December 2003. He has never paid rent. Since Sept 2004, he has come to the apartment each month to see his child but has never stayed more than 2 weeks each visit. In December, while visiting, he took the baby out of the apartment and brought him to his home (which he owns) in Washington D.C. He refused to return the baby. I went to court to get the baby back and an order of protection. I eventually got the baby but couldn't get an order of protection. I was told by the family court judgeto "change thelocks". I changed them. A month later, the father is suing me in housing court for an illegal eviction. He has no posessions in the apartment. Can he be allowed to move back in?

 

[BL]

Who is the Legal tenant ?

 

[HomeGuru]

What is the name of your state? New York

I am a legal occupant of an apartment (though not the tenant).

**A: then what are you, a ghost?
*********
The father of my baby has lived in the apartment with me off and on since December 2003. He has never paid rent. Since Sept 2004, he has come to the apartment each month to see his child but has never stayed more than 2 weeks each visit. In December, while visiting, he took the baby out of the apartment and brought him to his home (which he owns) in Washington D.C. He refused to return the baby. I went to court to get the baby back and an order of protection. I eventually got the baby but couldn't get an order of protection. I was told by the family court judgeto "change thelocks". I changed them. A month later, the father is suing me in housing court for an illegal eviction. He has no posessions in the apartment. Can he be allowed to move back in?

**A: we don't know since we are confused as to your legal tenancy/occupancy.

 

[Who's Liable?]

Basically, who's name is on the lease... Just yours, or both of yours...

 

[concernedmom15]

more details

Niether of our names are on the lease. The tenant is a friend of mine who does not live there. He was there for the month of march only last year. I am listed as an occupant of the apartment. The father is neither a tenant or an occupant.

 

[BL]

I don't know about housing court in NYC , but when you go to Court take the Family Court Order .

Explain what you have explained here . Make sure , if you can , to prove he has residency in DC .

Explain that he took the baby to DC to " HIS RESIDENCE " there , and you obtained a Court Order for the return of the baby to your physical Custody .

Explain the Family Court Judge told you to change the Locks because of his conduct .

 

[concernedmom15]

thank you

sounds like good advice! Also, when he took the baby, he left a note stating, I have taken (baby's name) HOME with me for Christmas. Home is D.C. as confirmed by police which indicates that the cops spoke with him once he arrived home in D.C.

 

[Who's Liable?]

Perfect! he just admitted that he does not live with you... Take that with you as evidence that he does not reside at the same address you do...