Landlord's Eviction Case Against Adult Home Resident Was Procedurally Defective

April 26, 2016

LVT Number: #26936

Landlord sued to evict adult home resident in housing court, whose occupancy was terminated for nonpayment of monthly fees. The court noted that Real Property Actions and Proceedings Law Sections 711 and 713 didn’t designate adult home residents as either licenses or tenants, so the case had to be transferred to Civil Court. But landlord’s petition also was defective because it lacked an allegation that notice was given to the next of kin or a designated responsible party, or that no such person existed. This was required under Social Services Law Article 7.

Landlord sued to evict adult home resident in housing court, whose occupancy was terminated for nonpayment of monthly fees. The court noted that Real Property Actions and Proceedings Law Sections 711 and 713 didn’t designate adult home residents as either licenses or tenants, so the case had to be transferred to Civil Court. But landlord’s petition also was defective because it lacked an allegation that notice was given to the next of kin or a designated responsible party, or that no such person existed. This was required under Social Services Law Article 7. In addition, the list of free legal services that landlord was required to attach to the 30-day termination wasn’t current. The case was dismissed.

 

 
Mariners Residence Inc. v. Arnold: Index No. L&T 54036/15, NYLJ 1202752200531 (Civ. Ct. Staten Island; 2/25/16; Straniere, J)

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