Tenant Can Operate Daycare Center in Her Apartment

September 25, 2014

LVT Number: #25756

Landlord sued to evict tenant, claiming that tenant was illegally using her apartment as a daycare center in substantial violation of her lease. The court granted tenant's request to dismiss the case. Tenant was licensed by the New York State Office of Children and Family Services to operate a family daycare center in her home. And public policy permitted such use, overriding any restriction in tenant's lease. However, the court denied tenant's request for attorney's fees, since there was no lease clause providing for such an award.

Landlord sued to evict tenant, claiming that tenant was illegally using her apartment as a daycare center in substantial violation of her lease. The court granted tenant's request to dismiss the case. Tenant was licensed by the New York State Office of Children and Family Services to operate a family daycare center in her home. And public policy permitted such use, overriding any restriction in tenant's lease. However, the court denied tenant's request for attorney's fees, since there was no lease clause providing for such an award.

Dempsey Apartments Associates v. Santana: Index No. L&T 54766/14, NYLJ No. 1202665682078 (Civ. Ct. Kings; 7/3/14; Gonzales, J)

Topics

More like this