Homeless Veteran's Housing Lease Properly Terminated

LVT Number: 17023

Landlord sued to evict tenant from homeless veteran's housing. The court ruled for landlord. Tenant appealed, claiming that she didn't get proper notice of termination of her tenancy. The appeals court ruled against tenant. Landlord gave tenant more than a month's notice of termination. This was sufficient under RPL section 232-b and tenant's lease. Although landlord's court papers referred to tenant as a licensee, it was clear that landlord and tenant considered her a tenant. Landlord was entitled to terminate the tenancy for any reason or no reason.

Landlord sued to evict tenant from homeless veteran's housing. The court ruled for landlord. Tenant appealed, claiming that she didn't get proper notice of termination of her tenancy. The appeals court ruled against tenant. Landlord gave tenant more than a month's notice of termination. This was sufficient under RPL section 232-b and tenant's lease. Although landlord's court papers referred to tenant as a licensee, it was clear that landlord and tenant considered her a tenant. Landlord was entitled to terminate the tenancy for any reason or no reason. Landlord showed that tenant hadn't paid rent in a year and was improperly occupying common areas of the building. Also, her son was improperly residing with her in the building. The building was intended to provide transitional housing to single homeless veterans.

United Veterans Beacon House v. St. James: NYLJ, 11/28/03, p. 29, col. 5 (App. T. 2 Dept.; Doyle, PJ, Winick, Lifson, JJ)