Landlord Seeks Eviction of Occupant Living in Parking Garage

Landlord sued to evict an occupant from two parking spaces located in the parking garage of a residential building after sending a notice to quit to the occupant as a licensee who no longer had permission to occupy the parking spaces. The occupant permanently parked his van in one space and kept a grill and propane tank for cooking in the other space. He also used one or two rooms located in the garage for personal use. Landlord claimed that the occupant lived in his van. The occupant claimed that he had an agreement with prior landlord to use the garage spaces in exchange for maintaining the garage. The court dismissed the case because landlord brought the proceeding in the commercial part of the Civil Court. There was no commercial lease and no proof that the occupant ever used the garage spaces for commercial purposes. Since the occupant used the garage spaces as a home, landlord must start the case in housing court.  

Ditmas Flats, LLC v. Pantoja: 48 Misc.3d 1227(A), 2015 NY Slip Op 51284(U) (Civ. Ct. Kings; 8/31/15; Montelione, J)