Landlord Can't Evict Tenant for Running Daycare Service
LVT Number: #25813
Landlord sued to evict HUD tenant for providing group family daycare in her apartment in violation of HUD rules. Tenant asked the court to dismiss the case because Social Services Law Section 390 permitted, and public policy favored, this use. Landlord claimed that a trial was needed to determine the facts. ECB had issued a violation in connection with tenant's use, it was unclear whether tenant was complying with her license requirements in providing daycare, it was unclear whether HUD guidelines permitted this use, and other tenants had complained about high foot traffic and noise coming from tenant's apartment. Landlord also claimed that tenant was running a daycare center as opposed to group family daycare.
The court ruled for tenant and dismissed the case. Landlord presented no facts supporting its claim, and its notice to cure and termination notice didn't refer to any complaints by other tenants. Tenant also proved that she was licensed to operate group family daycare from her apartment. Case law and HUD opinion letters also showed that operating a group daycare service in a HUD building isn't a violation of a HUD lease.
Morningside I Associates v. Beato: Index No. L&T82286/13, NYLJ No. 1202671629171 (Civ. Ct. NY; 4/2/14; Gonzalez, J)