Occupancy Agreement Contained Unlawful Self-Help Eviction Provision

Under the Veteran Affairs Grant and Per Diem Program, tenant moved into transitional housing for homeless female veterans that was managed by landlord not-for-profit organization. As a condition for the housing, landlord required tenant to sign an agreement waiving tenant's right under the Real Property Law (RPL) to any tenancy termination notice and eviction proceeding before landlord could engage in self-help eviction. After landlord removed tenant from the apartment by changing the locks, tenant sued landlord in housing court and asked to be restored to possession. Landlord claimed that tenant had moved to another apartment. Tenant did sign a lease for the new apartment in the Rockaways, but was unable to move in on Nov. 1, 2012, due to damage caused by Hurricane Sandy. The court ruled for tenant, finding that the agreement was illegal and unenforceable since it denied tenant due process. Landlord claimed that its premises was a de facto shelter, but RPL Section 232-a requires landlord to give any tenant who lives in the building for more than 30 days a 30-day termination notice and then commence an eviction proceeding if tenant doesn't move out.

McCormick v. Resurrection Homes: 2012 NY Slip Op 22384, 2012 WL 6720778 (Civ. Ct. Kings; 12/19/12; Scheckowitz, J)