Landlord Can't Evict Tenant Who Became Pregnant

Landlord, which operated Section 8 SRO housing for homeless individuals, sued to evict tenant after she had a baby. The housing units were intended for occupancy by one person, and tenant had signed an agreement after she became pregnant stating that she would move out after giving birth. The court ruled against landlord and dismissed the case. The unit wasn't an actual SRO room but a small apartment. And none of the applicable laws and government contracts barred children from living in the building. By interpreting lease provisions to bar the baby's occupancy, landlord imposed a cruel dilemma, especially since landlord's primary purpose was to provide permanent and supportive housing to the poor, homeless, and those living with HIV/AIDS. Evicting tenant would violate landlord's stated goals as well as city and federal housing laws.

560 West 165th Street Associates LP v. Figueroa: 2013 NY Slip Op 23117, 2013 WL 1444300 (Civ. Ct. NY; 3/6/13; Elsner, J)