Licensee Daughter Not Eligible for Eviction Moratorium Protection

July 27, 2021

LVT Number: #31520

Landlord was the managing agent for the estate of a deceased woman who owned a two-family house. The woman had permitted her daughter to live in the house. Landlord now sought the daughter's eviction. The daughter didn't file a Hardship Declaration, but disputed the legitimacy of the landlord to act on behalf of the estate. The Suffolk County court ruled against the daughter, finding that the mother's Power of Attorney, deed, and supporting affidavit authorized landlord to seek the daughter's eviction.

Landlord was the managing agent for the estate of a deceased woman who owned a two-family house. The woman had permitted her daughter to live in the house. Landlord now sought the daughter's eviction. The daughter didn't file a Hardship Declaration, but disputed the legitimacy of the landlord to act on behalf of the estate. The Suffolk County court ruled against the daughter, finding that the mother's Power of Attorney, deed, and supporting affidavit authorized landlord to seek the daughter's eviction. And the daughter was the mother's licensee, who had received notices to quit as required by law before the eviction proceeding was started. The court noted that the daughter wasn't eligible for eviction moratorium protection because she was a family relation licensee, not a tenant. But the court stayed eviction until Sept. 2, 2021. 

Handsome Holdings, LLC v. Campbell: Index No. LT-44-21/HU, 2021 NY Slip Op 50598(U)(Dist. Ct. Suffolk Co.; 6/24/21; Hackeling, J)

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