No Landlord-Tenant Relationship Between Sisters

November 29, 2017

LVT Number: #28060

A woman sued to evict her sister, claiming the sister was a licensee and no longer had permission to remain in the apartment. The court dismissed the case, and the woman sought to reinstate it. The woman pointed out that an appeals court had ruled that there was no statutory "familial relationship exception" barring eviction cases against family members. The court ruled against the woman. The sister, an immigrant, gained entry into the United States based on a petition that the woman sponsored.

A woman sued to evict her sister, claiming the sister was a licensee and no longer had permission to remain in the apartment. The court dismissed the case, and the woman sought to reinstate it. The woman pointed out that an appeals court had ruled that there was no statutory "familial relationship exception" barring eviction cases against family members. The court ruled against the woman. The sister, an immigrant, gained entry into the United States based on a petition that the woman sponsored. So, the sister's possession of the apartment existed because of special rights incidental to the sister relationship rather than any landlord-tenant or license relationship. The woman formally assumed financial responsibility for the sister when she sponsored her immigration petition. 

Stennette-Davidson v. Hall: Index No. L&T 55162/17, NYLJ No. 1202799914161 (Civ. Ct. Queens; 7/21/17; Nembhard, J)

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