Tenant Seeks to Evict Former Girlfriend

Tenant sued to evict apartment occupants, who were a woman and her son, claiming that they were licensees who no longer had his permission to live in the apartment. Occupant claimed that she had a family relationship with tenant and therefore couldn’t be evicted as a licensee. The court denied occupant’s request to dismiss the case, and she then asked the court to reconsider. The court again reviewed the matter and ruled against occupant. Occupant wasn’t married to tenant. She and her son weren’t named as co-tenants on the lease, and each side differed as to when she moved in. Tenant also claimed that any romantic involvement with occupant was very brief and that they had no family-style relationship. The son wasn’t tenant’s child and tenant had no financial obligation to support the son. The facts concerning the relationship were in dispute and there was conflicting case law as to whether a licensee holdover could be maintained against a family member. A trial was needed to decide the case.

Clemente v. Liberato: Index No. L&T11497/15, NYLJ No. 1202735100755 (Civ. Ct. Bronx; 7/15/15; Doherty, J)