Shareholder Tenant Can Evict Apartment Occupant

February 10, 2021

LVT Number: #31210

A cooperative shareholder tenant sued to evict occupant from her apartment, claiming that she had terminated his license to live there. The housing court denied tenant's request to grant eviction without a trial. Tenant appealed and won. While the occupant initially claimed that he was tenant's spouse, an order issued in a related court action held that there was no legal marriage between the parties, and that occupant had no right to support, maintenance, equitable distribution, or exclusive use of the apartment. Tenant therefore could evict the apartment occupant.

A cooperative shareholder tenant sued to evict occupant from her apartment, claiming that she had terminated his license to live there. The housing court denied tenant's request to grant eviction without a trial. Tenant appealed and won. While the occupant initially claimed that he was tenant's spouse, an order issued in a related court action held that there was no legal marriage between the parties, and that occupant had no right to support, maintenance, equitable distribution, or exclusive use of the apartment. Tenant therefore could evict the apartment occupant. No trial was needed, although execution on the eviction warrant was delayed for 60 days. 

Aloni v. Oliver: Index No. 570214/20, 2021 NY Slip Op 50069(U)(App. T. 1 Dept.; 1/29/21; Edmead, PJ, Higgitt, McShan, JJ)

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