Tenant's Son, as Licensee, Had No Standing to Claim Retaliatory Eviction

October 23, 2019

LVT Number: #30416

Landlord sued to evict unregulated tenant and her adult son. The son appeared in court and claimed retaliatory eviction. A guardian ad litem also was appointed for tenant. The son claimed that landlord sued to evict him and tenant less than six months after he complained to HPD of apartment conditions and filed an HP proceeding against landlord. Landlord argued that the son was a licensee, not a tenant, and therefore couldn't claim retaliatory eviction. The court agreed, based on appellate case law.

Landlord sued to evict unregulated tenant and her adult son. The son appeared in court and claimed retaliatory eviction. A guardian ad litem also was appointed for tenant. The son claimed that landlord sued to evict him and tenant less than six months after he complained to HPD of apartment conditions and filed an HP proceeding against landlord. Landlord argued that the son was a licensee, not a tenant, and therefore couldn't claim retaliatory eviction. The court agreed, based on appellate case law. A licensee lacks standing to raise a retaliatory eviction claim under Real Property Law Section 223-b. The case was adjourned for trial with permission for tenant to file an answer to landlord's petition.

Rogers v. Payne: 2019 NY Slip Op 51566(U) (Civ. Ct. Queens; 9/20/19; Guthrie, J)

Topics

More like this