Family Court Can't Decide Landlord-Tenant Dispute

Landlord sued tenant in family court, claiming nonpayment of rent and unwanted advances. Landlord and tenant lived in the same house. Tenant lived on a separate floor, but had shared use of a hallway and access to landlord’s kitchen. Landlord claimed that family court could decide the case because landlord and tenant had an “intimate relationship.” Tenant asked the court to dismiss the case, claiming that it didn’t belong in family court. The court ruled for tenant. The Family Court Act was amended in 2008 to allow that court to rule on disputes between non-family members who shared an intimate relationship. This was intended to allow unmarried persons with family ties or emotional bonds to resolve their disputes in family court. The law wasn’t intended to cover landlord-tenant disputes.

Rollerson v. New: NYLJ, 6/2/10, p. 41, col. 1 (Family Ct. Kings; Elkins, J)