Tenant Can't Evict His 3-Year-Old Son

March 1, 2008

LVT Number: #20254

Tenant sued to evict his former girlfriend, their 3-year-old son, and the girlfriend’s other child from the apartment they lived in together. The girlfriend asked the court to delay the proceedings because she had obtained a temporary restraining order against tenant in criminal court for harassment and had gotten temporary custody of their child from the family court. The court ruled against the girlfriend. She could not simply delay the housing court case; a trial was needed.

Tenant sued to evict his former girlfriend, their 3-year-old son, and the girlfriend’s other child from the apartment they lived in together. The girlfriend asked the court to delay the proceedings because she had obtained a temporary restraining order against tenant in criminal court for harassment and had gotten temporary custody of their child from the family court. The court ruled against the girlfriend. She could not simply delay the housing court case; a trial was needed. The court did note that tenant couldn’t evict his son because he was a family member and a minor child, and tenant had an obligation to support and house him.

Landry v. Harris: NYLJ, 2/20/08, p. 30, col. 1 (Civ. Ct. NY; Lebovits, J)

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