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Roommate or Guest in Occupancy for 30 Days or More

Posted by Mark Smith on July 13, 1999 at 20:34:43:

It has been asked several times in this forum how
a landlord might attempt to remove a roommate or
guest from a house or apartment. Below is a
citation of one case from Brooklyn Housing Court.

A roommate, or even a guest, who is invited to share a dwelling unit with the prime tenant, cannot be removed without a court order if he or she has been in occupancy for at least 30 days. Barclay v. Natoli, N.Y.L.J., February 28, 1996, p. 29, col. 6 (Civ. Ct., Kings Co.). As such, he or she is a person entitled to possession pursuant to Real Property Actions and Proceeding Law 721 and has the requisite standing to bring a proceeding to require the landlord to permit the roommate or guest to bring his or her belongings into a house or apartment.

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