Occupant Who Had Permission to Live with Tenant Wasn't Squatter

Landlord sued to evict apartment occupant after tenant died. Landlord claimed that occupant was a squatter. Occupant asked the court to dismiss the case. She claimed that she had permission to live with tenant, who was her mother, in order to take care of her. Landlord claimed that it never received any letter from tenant requesting permission to have occupant live with her. The court ruled for occupant and dismissed the case. Even if occupant didn't have landlord's permission to live in the apartment with tenant, the letter showed that tenant gave occupant permission to live with her. So occupant wasn't a squatter. A squatter is someone who intrudes into a premises without anyone's permission. Landlord must start over and correctly identify the nature of occupant's status.

Town of Hempstead Housing Authority v. Lindner: NYLJ, 7/17/07, p. 24, col. 1 (Dist. Ct. Nassau; Fairgrieve, J)