Case Against Squatter Dismissed

November 1, 2003

LVT Number: 16902

Homeowner sued in housing court to evict squatter from an illegal den apartment in her house. She claimed that her husband had given the squatter a key to the apartment after hiring him to remove snow and garbage from the property. The court ruled against homeowner. The squatter was actually a licensee. He was given permission to occupy the apartment. This permission was terminated when the husband terminated the occupant's services by a letter that told him to stay away from the property. Homeowner could start an ejectment action in another court.

Homeowner sued in housing court to evict squatter from an illegal den apartment in her house. She claimed that her husband had given the squatter a key to the apartment after hiring him to remove snow and garbage from the property. The court ruled against homeowner. The squatter was actually a licensee. He was given permission to occupy the apartment. This permission was terminated when the husband terminated the occupant's services by a letter that told him to stay away from the property. Homeowner could start an ejectment action in another court.

Hodge v. Gaither: NYLJ, 10/29/03, p. 21, col. 1 (Civ. Ct. Bronx; Gonzalez, J)

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