Landlord Seeks Eviction Because Child Occupied SRO Unit

May 13, 2015

LVT Number: #26140

Landlord sued to evict SRO hotel tenant for illegal occupancy because a 6- or 7-year-old child was living in the unit in violation of Housing Maintenance Code Section 27-2076(b). The court granted tenant's request to dismiss the case. Landlord appealed and lost. Since no violation had been placed against the building, and there was no proof that landlord was at this time subject to civil or criminal penalties, the proceeding was premature and therefore dismissed. 

Landlord sued to evict SRO hotel tenant for illegal occupancy because a 6- or 7-year-old child was living in the unit in violation of Housing Maintenance Code Section 27-2076(b). The court granted tenant's request to dismiss the case. Landlord appealed and lost. Since no violation had been placed against the building, and there was no proof that landlord was at this time subject to civil or criminal penalties, the proceeding was premature and therefore dismissed. 

JMW 75 LLC v. Wielaard: 47 Misc.3d 133(A), 2015 NY Slip Op 50473(U) (App. T. 1 Dept.; 4/7/15; Schoenfeld, JP, Hunter Jr., Ling-Cohan, JJ)

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