Eviction Case Involving Day Care Operator Belongs in Housing Court
LVT Number: #24382
Landlord sued to evict tenant for nonpayment of rent in the commercial landlord-tenant part of Civil Court. Landlord claimed that tenant used her apartment for commercial purposes. The court ruled for landlord based on tenant's failure to answer the petition. Tenant later asked the court to vacate the default judgment. She claimed that she lived in the apartment, located in a two-family house. She bought the residential family day care facility she ran in the apartment from landlord and lived there as required by New York State regulations. The court ruled against tenant, finding no excuse for her default. Tenant appealed and won. Landlord knew or should have known that the premises was residential and misrepresented its status in the petition. There's a strong legislative policy that all summary proceedings concerning residential premises be commenced in the Housing Part of landlord-tenant court. The default judgment therefore should have been vacated and the petition dismissed as defective.
Artykova v. Avramenko: NYLJ, 9/21/12, p. 30, col. 4 (App. T. 2 Dept.; Weston, JP [dissenting], Pesce, Aliotta, JJ)