This is in a city outside of NY city, and it is not in any locale where any rent regulation stuff is involved.
This is a question about "evicting" an adult chid from one's home, especially in view of the lack of any official records documenting this has her residence. I don't know about this stuff and I don't know how much of this information is needed for you to provide an answer.
Have an adult child who has been living with her boyfriend for several years. She was having surgery which prohibited smoking, actually even prohibited being near smoke (yes, it's a fact, I went to the seminar with her) so she asked if she could stay here for that time prior to surgery (side note - she and boyfriend smoke, he wasn't going to stop smoking), then because it involved abdominal surgery she didn't want her two dogs jumping on her after surgery, so the recuperation was here too. I had no problem with that.
As a parent for a daughter who would be out of work due to surgery for a couple months, I was not going to charge her rent, room, board, whatever you want to call it. There was no written agreement of any sort
She does have a part time job and did go back to work. But so much has broken down. She's back to smoking, she started drinking (I find big bottles of whiskey under the sofa). She misses work a lot. Clothes in a heap, here, there, everywhere. My front and back yard are being used as an ashtray. She hangs out with various guys now, spending weekends with another (not her "boyfriend"). She invites people over without asking, or she asks about a friend coming to visit for a few hours, and the next morning he's still there! If she's going out (like at night) she expects me to keep the door unlocked so she can get back in. Most of the time I'll bring the phone up to my room to have her call me so I can get up when she arrives home. Not she has brought in a twin bed for herself (so she's not sleeping/wearing out my sofa) and set it up in the basement utility room.
She has her bit of cash from her job for her "wants," and her sort of ex-boyfriend gets food stamps and buys her food (she had gastric surgery so eats like a bird). She does get medicaid.
I am retired (but young) and despite a decent pension, I still have somme need to get a part time job both for some extra money and to get out of the house for a bit. However, I just can't leave the house to go to a job (or even a volunteer activity) and leave her in the house.
I told her she has to leave, today is Easter and it's all ruined. She says that I have to go to court to actually evict her. She says that because she gets mail here, she can prove she lives here. (She got a baby shower invitation yesterday-I'm sure she told them my address for that reason, and she has gotten some junk mail here. But her state DMV ID has her "other" address as does Medicaid, as does the Election Board records, her employer has her "other address as well, the "other" address was used for filing taxes.
Being that there are no official records documenting her legal residence as my house, must I go through our local court to have her "evicted" from a residence address that is not a legal residence?
Otherwise, can someone point me to the New York State law that states that when an adult child asks to stay with a parent temporary for medical reasons, that the child can claim has a legal right to stay there while keeping a separate address on official records?
Sorry for the run on story, I don't know what to ask