Tenant Can Sue in Housing Court to Evict Roommate

June 27, 2017

LVT Number: #27776

Tenant sued to evict roommate from the first-floor bedroom and common areas of the apartment they shared. The roommate asked the court to dismiss the case, claiming that New York City owned the building and that tenant therefore lacked standing to bring the eviction case. The court ruled against the roommate. Although HPD owned the building, tenant didn't have to be the building owner to bring a summary eviction proceeding.

Tenant sued to evict roommate from the first-floor bedroom and common areas of the apartment they shared. The roommate asked the court to dismiss the case, claiming that New York City owned the building and that tenant therefore lacked standing to bring the eviction case. The court ruled against the roommate. Although HPD owned the building, tenant didn't have to be the building owner to bring a summary eviction proceeding.

Vargas v. Sotelo: Index No. 12419/2017, NYLJ No. 1202786328858 (Civ. Ct. Bronx; 4/3/17; Lutwak, J)

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