Supportive Living Program Resident Restored to Possession

Former resident sued his housing program operator and building owner after he was evicted and sought to be restored to possession. Acacia Network operated a licensed supportive living program facility at the building for alcoholics and drug addicts, and had removed the occupant without his consent and without following proper administrative procedures. Acacia claimed that the occupant signed a resident manual and agreement to abide by the program rules, and that there were no tenancy rights. Acacia also claimed that its right to license and operate the program at the building had expired. But Acacia was still in possession and the resident had lived in the building more than 30 days. He therefore was a licensee who was entitled to due process before ejectment from the building. The court ordered that the resident be restored to possession. Acacia’s claim that the resident had waived any rights to possession was against public policy.

Soto v. Pitkin Junius Holding LLC: Index No. 16097/16, NYLJ No. 1202763458504 (Civ. Ct. Kings; 7/12/16; Gonzales, J)