Elderly Tenant Can Evict Son Who Occupied Apartment

August 14, 2014

LVT Number: #25681

Elderly tenant sued to evict his son and the son's partner, claiming that they had been living in his apartment as licensees. Tenant claimed that he was afraid to return to the apartment while they were there, and that the son had threatened tenant's health and safety in the past. The court ruled for tenant without a trial and issued an eviction warrant. The son moved out, but the son's partner then asked the court to delay the eviction. She claimed that she was tenant's caretaker and that tenant lied about the abuse.

Elderly tenant sued to evict his son and the son's partner, claiming that they had been living in his apartment as licensees. Tenant claimed that he was afraid to return to the apartment while they were there, and that the son had threatened tenant's health and safety in the past. The court ruled for tenant without a trial and issued an eviction warrant. The son moved out, but the son's partner then asked the court to delay the eviction. She claimed that she was tenant's caretaker and that tenant lied about the abuse. The court ruled against the partner in light of the need to protect tenant against elder abuse and because tenant was entitled to revoke the license for occupancy by the son and his partner.

Huggins v. Randolph: 2014 NY Slip Op 24184, 2014 WL 3405831 (Civ. Ct. NY; 7/10/14; Avery, J)

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