Occupant Isn't Squatter

Landlord City of New York sued to evict apartment occupant, claiming she was a squatter. Occupant had been a squatter in an apartment in another one of landlord's buildings. Since that building was scheduled for extensive construction, landlord moved squatter to another apartment down the block. Landlord gave occupant a set of keys to the new apartment, but didn't bill her, collect rent from her, or offer her a lease. The court ruled that a squatter proceeding was improper and dismissed landlord's petition. Even if occupant was a squatter in the first apartment, landlord gave her permission to occupy the second apartment. Landlord couldn't claim that occupant entered the second apartment as an intruder without anyone's permission. Landlord in effect treated occupant as a licensee. Landlord's petition was dismissed.

City of New York v. Miller: NYLJ, p. 24, col. 2 (4/12/93) (Civ. Ct. NY; Malatzky, J)