In Wims v. Abraham Residence III, (184 Misc 2d 271 [2000]) petitioner alleged he was illegally locked out of a community residence. The petitioner was served a discharge notice from the residence for failure to pay use and occupancy. Petitioner was not questioning the sufficiency of the notice nor did he allege that respondent Abraham Residence III failed to conform to administrative rules and regulations. The issue was whether the respondent was able to use self-help, per the occupancy agreement, to discharge the petitioner. The court found that the occupancy agreement was ambiguous as to the remedies available to respondent if petitioner refused to vacate. As a result, the respondent was ordered to restore the petitioner to possession. (Id.)