Recovery House Resident Improperly Evicted

Resident of a three-quarter house for recovering addicts claimed that he was a tenant and was illegally locked out of the house by the program operator. The operator claimed that resident wasn't a tenant but only a licensee of a temporary shelter whose license had been properly terminated. The court ruled for resident. Resident was required to sign forms when he moved in that included a list of rules for remaining at the shelter. The forms stated that if resident complied with the rules it would lead to a continued tenancy for an estimated six to nine months. This contradicted the operator's claim that the resident's occupancy could be terminated at will. The operator also gave resident exclusive possession of a certain part of the house even if it was relatively small. Any waiver of rights signed by resident when he moved into the house was invalid. 

Shearin v. Back on Track Group, Inc.: Index No. 14021/14, NYLJ No. 1202673557299 (Civ. Ct. Kings; 10/3/14; Marton, J)