she and her family would have been evicted. Real Property Actions and Proceedings Law
(RPAPL) Section 768 states that it shall be unlawful to evict a tenant "except to the
extent permitted by law pursuant to a warrant of eviction or other order of a court of competent
jurisdiction or a governmental vacate order." Pursuant to the newly enacted Housing Stability
and Tenant Protection Act of 2019, illegal evictions are punishable as a Class A
misdemeanor.
22 NYCRR 130-1.1 allows the court, in its discretion, to award to any party in any
civil action costs in the form of reimbursement of actual expenses reasonably incurred and
reasonable attorney's fees, resulting from frivolous conduct as defined in this part. Costs and/or
sanctions can be imposed upon the court's own initiative, after a reasonable opportunity to be
heard. The form of the hearing shall depend upon the nature of the conduct and the circumstances
of the case. 22 NYCRR 130-1.1d
In order to determine whether imposition of sanctions is proper, the Court must examine the
circumstances and determine whether issuance of a Notice of Eviction after the warrant was
vacated constitutes frivolous conduct within the meaning of Rule 130.
This Court previously found that issuance of a Notice of Eviction after a case is discontinued
constitutes frivolous conduct. After a hearing, sanctions were imposed against New York City
Housing Authority. New York City
Housing Auth. v. Marrero,64 Misc 3d 1228(A) (Bx. Co. Civ. Ct., 2019).
Petitioner did not present any excuse or mitigating circumstances as to why this Notice of
Eviction was issued. There seems to be a lack of understanding regarding the legal impact of
seeking an eviction after the warrant is vacated and the case is discontinued. This cannot be