Super Gave Occupant Permission - to Move In

April 30, 1995

LVT Number: 9648

Landlord sued to evict apartment occupant, claiming that he was a squatter and that no one had given him a lease or permission to move in. The court ruled against landlord. The building's superintendent had given occupant, a homeless man, keys to the apartment in February 1994 after occupant helped the super to improve the building. Landlord claimed that the super had been fired in 1993. But the super's name was still posted in the building lobby. The occupant had been given permission to move into the apartment by someone who reasonably appeared to have the authority to let him move in.

Landlord sued to evict apartment occupant, claiming that he was a squatter and that no one had given him a lease or permission to move in. The court ruled against landlord. The building's superintendent had given occupant, a homeless man, keys to the apartment in February 1994 after occupant helped the super to improve the building. Landlord claimed that the super had been fired in 1993. But the super's name was still posted in the building lobby. The occupant had been given permission to move into the apartment by someone who reasonably appeared to have the authority to let him move in. So landlord couldn't evict him as a ''squatter.''

Radol v. Centeno: NYLJ, p. 32, col. 6 (4/26/95) (Civ. Ct. Queens; Haber, J)

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