Eviction Proceeding Didn't Identify Occupant as Squatter

February 21, 2019

LVT Number: #29918

Landlord sued to evict apartment occupant, claiming that the occupant was a licensee of former rent-stabilized tenant who no longer had a right to continue to live in the apartment after tenant died. The court ruled for occupant after trial and dismissed the case. Landlord appealed and lost. Tenant died in February 2016, and all of landlord's witnesses testified that occupant didn't move into the apartment until July 2016. So occupant wasn't a licensee of the rent-stabilized tenant. Instead, she was a squatter.

Landlord sued to evict apartment occupant, claiming that the occupant was a licensee of former rent-stabilized tenant who no longer had a right to continue to live in the apartment after tenant died. The court ruled for occupant after trial and dismissed the case. Landlord appealed and lost. Tenant died in February 2016, and all of landlord's witnesses testified that occupant didn't move into the apartment until July 2016. So occupant wasn't a licensee of the rent-stabilized tenant. Instead, she was a squatter. Since landlord's 10-day notice to quit made no claim that occupant was a squatter, only a licensee, the case must be dismissed. Landlord could start a new proceeding on proper grounds.

Hecsomar Realty Corp. v. Camerena: 62 Misc.3d 143(A), 2019 NY Slip Op 50115(U) (App. T. 1 Dept.; 1/28/19; Shulman, PJ, Ling-Cohan, Edmead, JJ)

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