Tenant's Licensee Can't Sue Landlord for Illegal Lockout

Tenant's Licensee Can't Sue Landlord for Illegal Lockout



LVT Number: #29731

Apartment occupant sued landlord, claiming that she had been illegally locked out of an apartment. The court ruled against occupant, who appealed and lost. Occupant was a Section 8 tenant of another apartment in a different building and presented no proof showing that she had a possessory interest in the apartment she was locked out of. She was merely a licensee of that apartment's tenant, didn't have "possession" of the apartment, and therefore can't maintain an unlawful entry and detainer proceeding against landlord.

Padilla v. Rodriguez: 61 Misc.3d 133(A), 2018 NY Slip Op 51471(U) (App. T. 1 Dept.; 10/19/18; Shulman, PJ, Gonzalez, Edmead, JJ)