Tenant Can Run Day-Care Facility in Apartment

April 30, 1996

LVT Number: 10532

Landlord sued to evict tenant for operating a children's day-care business out of her apartment. The court ruled against landlord. Tenant's care of six children in the apartment didn't disturb other tenants, damage the property, or overburden building utilities at landlord's expense. Tenant's use of the apartment didn't alter the residential character of the building. And tenant's operation of a day-care facility supported a public policy consideration to provide adequate child care for working mothers.

Landlord sued to evict tenant for operating a children's day-care business out of her apartment. The court ruled against landlord. Tenant's care of six children in the apartment didn't disturb other tenants, damage the property, or overburden building utilities at landlord's expense. Tenant's use of the apartment didn't alter the residential character of the building. And tenant's operation of a day-care facility supported a public policy consideration to provide adequate child care for working mothers. While landlord had a legitimate concern about fire safety, no laws or regulations required a family day-care facility to be provided on the first floor only.

Sorkin v. Cross: NYLJ, p. 27, col. 3 (4/24/96) (Civ. Ct. NY; Malatzky, J)

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