Owner Can File Ejectment, Not Eviction, Proceeding

July 10, 2013

LVT Number: 324883

Owner of a residence sued to evict her sister-in-law, claiming that the sister-in-law's license to reside in the premises as her marital residence had been revoked. The court dismissed the case. A licensee is someone who enters a premises with an owner's permission and whose privilege to live there is revocable and nonassignable. Generally, a summary eviction proceeding can't be maintained against a family member as a mere licensee. Here, the sister-in-law had lived in the residence with her husband for four years. Her husband was the owner's brother.

Owner of a residence sued to evict her sister-in-law, claiming that the sister-in-law's license to reside in the premises as her marital residence had been revoked. The court dismissed the case. A licensee is someone who enters a premises with an owner's permission and whose privilege to live there is revocable and nonassignable. Generally, a summary eviction proceeding can't be maintained against a family member as a mere licensee. Here, the sister-in-law had lived in the residence with her husband for four years. Her husband was the owner's brother. Since there was a true family relationship, the owner must start an ejectment action in State Supreme Court rather than a summary eviction proceeding.

Kakwani v. Kakwani: 2013 NY Slip Op 23200, 2013 WL 3155372 (Dist. Ct. Nassau; 6/20/13; Bjorneby, J)

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