Posted by Anna on July 14, 1999 at 11:18:17:
In Reply to: 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.
My reaction to this excerpt was: HUH? The decision itself, click below, was just as muddy. And made even worse by many typos: not spelling errors: missing words, "our" instead of "or" etc.
But here is a summary:
A man (fiance) moved into (Judge said: was sleeping over) his middle-aged "girlfriend's" apt on the Upper-Upper West Side of Manhattan in December. He tried to move some furniture into the apt three months later... He was prevented from doing so by the bldg manager/owner, who assaulted him. So the fiance (occupant) and the tenant (lease-holder) sued for Illegal Lockout. The LL moved for dismissal based on 1. tenant was not locked out, 2. fiance has no standing (can't sue), 3. LL was trying to prevent tenant's breach of lease (having more than one roommate). Court ruled: fiance is an occupant and DOES have a right to sue for illegal lockout. (RPAPL Sec.721.Person who may maintain proceeding. The proceeding may be brought by: 4. The person forcibly put out or kept out.) She also ruled that the LL can't use self-help to prevent a potential breach of lease (he can sue in HC because of it though). She ordered LL to let the fiance move his furniture in.
(ps: Brooklyn? is that Judge Lau's usual courthouse? or another typo: Part P?)
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