Occupant Who Lived in Apartment with Tenant's Permission Was a Licensee, Not a Squatter

Landlord commenced a summary eviction proceeding in 2023 to evict a squatter. Landlord claimed that the squatter had no right to occupy the apartment. The court granted the occupant's request to dismiss the case. In order to successfully claim that an occupant is a squatter, landlord must prove that neither the landlord nor a tenant or other person with a right to possession had given the occupant a right to be in the apartment. Landlord admitted that prior tenant, who died in November 2022, had permitted the occupant to live in the apartment full time for about eight years in between college and up until his ex-wife moved out of the unit. Although the occupant had moved out of the apartment for several years in 2002, in order to move into a nearby house with his then-wife, he moved back to tenant's apartment in June 2019 after his divorce. The occupant claimed that tenant let him move back in for stability and to provide emotional support to him during the divorce. He claimed that he remained in the apartment under an oral license agreement. Since the occupant was a licensee, rather than a squatter, the case was dismissed.

Bianci v. Shanley: Index No. LT-26-2023, 2023 NY Slip Op 31776(U)(City Ct. Peekskill-Westchester Co; 5/25/23; Johnson, J)