Landlord Can't Evict Tenant for Operating Day Care Service

March 31, 2011

LVT Number: #23268

Landlord sued to evict tenant for violating her lease by operating a day care center in her apartment. Landlord argued that tenant's lease permitted only residential use. Tenant asked the court to dismiss the case without a trial. She claimed that public policy supported in-home family day care services. The court ruled for tenant. Child care in a residence was permitted. Tenant had a valid registration issued by the N.Y. State Office of Children and Family Services, authorizing her to operate a family day care program.

Landlord sued to evict tenant for violating her lease by operating a day care center in her apartment. Landlord argued that tenant's lease permitted only residential use. Tenant asked the court to dismiss the case without a trial. She claimed that public policy supported in-home family day care services. The court ruled for tenant. Child care in a residence was permitted. Tenant had a valid registration issued by the N.Y. State Office of Children and Family Services, authorizing her to operate a family day care program. There was no proof that other tenants complained or that there was any significant lease violation.

2326 Grand Assoc. v. Clark: Index No. 011685/10, NYLJ No. 1202484321067 (Civ. Ct. Bronx; 2/17/11; Lai, J)

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