Landlord Can't Evict Tenant for Having Guests Without Advance Notice

December 20, 2016

LVT Number: #27414

Landlord sued to evict supportive housing tenant for allowing guests to visit the apartment without advance notice to landlord and without disclosing their identification. Tenant asked the court to dismiss the case, claiming that her lease contained no such guest policy. The court ruled for tenant. There was no proof any such clause in tenant’s lease had been violated. And, even if tenant’s lease contained such a restrictive provision, it would be void as it violated public policy, as well as Real Property Law Section 235-f and the Constitution. 

 

Landlord sued to evict supportive housing tenant for allowing guests to visit the apartment without advance notice to landlord and without disclosing their identification. Tenant asked the court to dismiss the case, claiming that her lease contained no such guest policy. The court ruled for tenant. There was no proof any such clause in tenant’s lease had been violated. And, even if tenant’s lease contained such a restrictive provision, it would be void as it violated public policy, as well as Real Property Law Section 235-f and the Constitution. 

 

 

True Colors Bronx, L.P. v. Marie: Index No. 16347/16, NYLJ No. 1202771804364 (Civ. Ct. Bronx; 9/28/16; Thermos, J)

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