Husband Can't Evict Ex-Wife as Licensee

Landlord sued to evict his ex-wife from an apartment in a two-family house after sending a 10-day notice to quit. Landlord claimed that his ex-wife was a licensee. Landlord had previously tried to eject the wife in a State Supreme Court action, which was dismissed because the divorce proceeding granted landlord neither ownership nor sole and exclusive occupancy of the marital residence. The housing court also ruled against landlord, finding that the ex-wife wasn't a mere licensee. In addition, landlord's court papers were defective because they didn't specify which apartment in the building landlord sought to recover. Landlord and his ex-wife were married in October 1995 and divorced in August 2011. They lived together in their marital home for 16 years. The wife made financial contributions to the household. In August 2006, landlord became the owner of the building his ex-wife now lived in. Generally, a spouse can't be evicted in a licensee holdover proceeding and a "family member" is given greater rights than a licensee. The court found that landlord's ex-wife was a family member and not a mere licensee because, although now divorced, she was married to landlord for an extended period of interdependence and support. 

Nauth v. Nauth: Index No. 041795/13, NYLJ No. 1202633189536 (Civ. Ct. Bronx; 11/12/13; Rodriguez, J)