Tenant Operates Day Care Center in Apartment

May 31, 2005

LVT Number: 18116

Facts: Landlord sued to evict rent-stabilized tenant for operating a child day care center in her apartment. Landlord claimed that this violated tenant's lease and her Section 8 Housing Assistance Program (HAP) contract. Landlord admitted that tenant had a right under Social Services Law Section 390 to operate the center. But landlord claimed that the HAP contract pre-empted the other law. And tenant's lease didn't allow operation of a business in the apartment. Court: Landlord loses. The HAP contract didn't hold the same weight as a federal law or regulation.

Facts: Landlord sued to evict rent-stabilized tenant for operating a child day care center in her apartment. Landlord claimed that this violated tenant's lease and her Section 8 Housing Assistance Program (HAP) contract. Landlord admitted that tenant had a right under Social Services Law Section 390 to operate the center. But landlord claimed that the HAP contract pre-empted the other law. And tenant's lease didn't allow operation of a business in the apartment. Court: Landlord loses. The HAP contract didn't hold the same weight as a federal law or regulation. And nothing under federal law barred application of the State Social Services Law provision permitting operation of the day care center.

Alpha Dynamics Ltd. v. Martinez: NYLJ, 5/11/05, p. 22, col. 3 (Civ. Ct. Bronx; Alpert, J)

Topics

More like this