Tenant Can't Evict Her Sister Since There's No Landlord-Tenant Relationship

March 28, 2017

LVT Number: #27576

Tenant sued to evict her sister from her apartment, claiming that the sister was a licensee. The sister asked the court to dismiss the case. The court ruled for the sister, finding that it was improper to maintain a summary eviction proceeding against a family member. Tenant was the legal guardian of her sister’s children, and the sister claimed that she contributed to the household expenses, living with tenant as a family. Tenant failed to show that there was a landlord/tenant relationship with her sister.

 

Tenant sued to evict her sister from her apartment, claiming that the sister was a licensee. The sister asked the court to dismiss the case. The court ruled for the sister, finding that it was improper to maintain a summary eviction proceeding against a family member. Tenant was the legal guardian of her sister’s children, and the sister claimed that she contributed to the household expenses, living with tenant as a family. Tenant failed to show that there was a landlord/tenant relationship with her sister.

 

 

Jit v. Johnson: Index No. 73861/16, NYLJ No 1202779521376 (Sup. Ct. Queens Co.; 2/22/17; Rodriguez, J)

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