Tenant Claims Landlord's Visitor Policy Is Overly Restrictive
LVT Number: #29979
Landlord sued to evict tenant of state-funded supportive housing for people with psychiatric disability and substance abuse problems. Landlord claimed that tenant violated a substantial obligation of his tenancy and the building's visitor policy by allowing a visitor to reside in the apartment with him. Tenant claimed that his visitor didn't live with him in the apartment but that she frequently spent the night there. He always signed her name in the guest book when she visited. Tenant asked the court to dismiss the case, claiming that the building's residency agreement unlawfully restricted him from hosting overnight visitors in his home. Tenant claimed that this violated Real Property Law (RPL) Section 235-f. Tenant also claimed that landlord's visitor policy was an infringement of tenant's First Amendment rights.
The court ruled against tenant, finding that landlord's policy didn't violate the roommate law under RPL Section 235-f. Tenant's guest wasn't a roommate. On its face, the policy also didn't violate tenant's constitutional rights. The policy wasn't so vague or overbroad that every imaginable application would be unenforceable. The court gave tenant additional time to file an answer that could more fully set forth his defenses and objections to the eviction petition.
OH 161st Street LLC v. Brooks: Index No. 028870/2018, 2019 NY Slip Op 29040 (Civ. Ct. Bronx; 2/19/19; Bacdayan, J)