Landlord Can't Evict Tenant for Guest Who Overstayed

LVT Number: #20651

Landlord sued to evict public housing tenant for violating her lease. Landlord claimed that tenant had an unauthorized guest in her apartment for a longer period of time than permitted. Landlord had notified tenant that her guest must leave immediately or tenant's lease would be terminated. Landlord also claimed that tenant committed fraud by accepting a check from DSS payable jointly to her and her guest. Tenant had falsely told DSS that her guest was her subtenant. Tenant asked the court to dismiss the case. The court ruled for tenant.

Landlord sued to evict public housing tenant for violating her lease. Landlord claimed that tenant had an unauthorized guest in her apartment for a longer period of time than permitted. Landlord had notified tenant that her guest must leave immediately or tenant's lease would be terminated. Landlord also claimed that tenant committed fraud by accepting a check from DSS payable jointly to her and her guest. Tenant had falsely told DSS that her guest was her subtenant. Tenant asked the court to dismiss the case. The court ruled for tenant. Tenant's guest moved out the day after landlord gave tenant the warning letter. But landlord still terminated tenant's lease a week later. Landlord also didn't give tenant proper notice of its claim that tenant was involved in criminal activity by her fraud against DSS. So this wasn't proper ground for eviction in this case.

Rockville Centre Housing Authority v. Boggen: NYLJ, 8/8/08, p. 32, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)