Resident Discharged from Treatment Facility Can't Claim Unlawful Eviction

September 21, 2019

LVT Number: #30326

Former resident of residential substance abuse treatment facility sued the treatment facility operator for unlawful eviction and deprivation of property without due process of law. The court granted the facility operator's request to dismiss the case. Resident appealed and lost. Resident had been a licensee of the facility, not a tenant, so an unlawful eviction proceeding didn't apply. And, as a licensee, resident wasn't deprived of any property since he had no possessory interest in residency at the facility. 

Former resident of residential substance abuse treatment facility sued the treatment facility operator for unlawful eviction and deprivation of property without due process of law. The court granted the facility operator's request to dismiss the case. Resident appealed and lost. Resident had been a licensee of the facility, not a tenant, so an unlawful eviction proceeding didn't apply. And, as a licensee, resident wasn't deprived of any property since he had no possessory interest in residency at the facility. 

Felli v. Catholic Charities of Steuben County: Index No. CA19-00252, 2019 NY Slip Op 06328 (App. Div. 4 Dept. 8/22/19; Smith, JP, Peradotto, DeJoseph, Nemoyer, Curran, JJ

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