Family Exception Didn't Apply to Landlord's Eviction Proceeding

February 26, 2019

LVT Number: #29944

Landlord sued to evict tenant. Landlord was tenant's stepdaughter. Landlord asked the court to decide the case without trial. Tenant claimed that there was a family exception that prevented eviction. The court ruled against both sides. Since landlord and tenant didn't live in the apartment together, there was no family exception to eviction proceedings that barred landlord from seeking tenant's eviction. But, also, since there were questions about the existence and terms of landlord's claimed lease agreement, a trial was needed to determine the facts.

Landlord sued to evict tenant. Landlord was tenant's stepdaughter. Landlord asked the court to decide the case without trial. Tenant claimed that there was a family exception that prevented eviction. The court ruled against both sides. Since landlord and tenant didn't live in the apartment together, there was no family exception to eviction proceedings that barred landlord from seeking tenant's eviction. But, also, since there were questions about the existence and terms of landlord's claimed lease agreement, a trial was needed to determine the facts.

Yu v. Zhan: Index No. LT-004391/18, NYLJ No. 1546677992 (Dist. Ct. Nassau; 12/18/19; Fairgrieve, J)

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