Unlawful Apartment Occupants Get No Delay of Eviction Case Under CEEFPA
LVT Number: #31577
Landlord sued to evict apartment occupants after tenant surrendered possession. One unnamed occupant filed a COVID-19 Hardship Declaration. Another unnamed occupant appeared in court on a case adjournment date. The court marked the case off calendar, assuming it was stayed by the Hardship Declaration. Landlord then asked the court to restore the case to the calendar because occupants weren't tenants as defined by the CEEFPA, and therefore not eligible for a stay of the case. Landlord argued that both occupants were licensees whose license expired when tenants surrendered possession, that it didn't consent to them remaining in possession, and that neither occupant had paid rent or use and occupancy. The court ruled for landlord and restored the case to the calendar. The licensees weren't lawful apartment occupants under CEEFPA and weren't entitled to any stay of the eviction proceeding.
Kalikow Family P'ship LP v. Doe: Index No. 300351/20, 2021 NY Slip Op 21208, NYLJ No. 1629231817 (Civ. Ct. Queens; 8/6/21; Guthrie, J)