Lighthouse Program Operator Unlawfully Evicted Occupant

May 25, 2020

LVT Number: #30777

Resident sued an operator of the Lighthouse program, claiming that he was unlawfully evicted without legal process. He sought restoration to the premises. The operator argued that resident wasn't a tenant and had been warned that his conduct could result in his ouster from the premises. The court ruled for resident. He had occupied the premises for at least 30 days and had been removed without a court order. Real Property Actions and Proceedings Law (RPAPL) Section 711 didn't carve out exceptions to distinguish between different types of occupancies.

Resident sued an operator of the Lighthouse program, claiming that he was unlawfully evicted without legal process. He sought restoration to the premises. The operator argued that resident wasn't a tenant and had been warned that his conduct could result in his ouster from the premises. The court ruled for resident. He had occupied the premises for at least 30 days and had been removed without a court order. Real Property Actions and Proceedings Law (RPAPL) Section 711 didn't carve out exceptions to distinguish between different types of occupancies. Resident was a lawful occupant, and RPAPL Section 768 required that he be restored to possession.

Salazar v. Core Servs. Grp.: 2020 NY Slip Op 50424, NYLJ No. 1586883165 (Civ. Ct. Bronx; 4/3/20; Sanchez, J)

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