Emergency Homeless Housing Occupant Wasn't Illegally Evicted

Occupant sued building landlord and Bronx Parent Housing Network, Inc. (BPHN), which net-leased the building from landlord to provide temporary emergency housing to vulnerable formerly homeless individuals. Occupant claimed illegal lockout and sued by order to show cause under Real Property Actions and Proceedings Law (RPAPL) Section 713(10). In addition to seeking restoration to the bedroom in the apartment he was locked out of, occupant sought an order enjoining landlord and BPHN from interfering with his use of the premises and finding their behavior to constitute violations of the new statewide "Unlawful Eviction" law, RPAPL Section 768(1), as well as civil penalties. Tenant also claimed harassment and a Class "C" immediately hazardous violation.

The court ruled against occupant. His occupancy of a room in BPHN's facility was under a license so limited in scope and so highly regulated that he didn't have "actual or constructive possession" of the premises. Occupant had signed several forms acknowledging rules and regulations for use of the premises, which he violated. This gave BPHN the right to immediately discharge him from this temporary emergency housing. Occupant had no landlord-tenant relationship with BPHN, and new RPAPL Section 768 (added by HSTPA in 2019) didn't apply to this case.

Jiminez v. 1171 Wash. Ave. LLC: Index No. 801167/2020, 2020 NY Slip Op 50615(U)(Civ. Ct. Bronx; 6/1/20; Lutwak, J)