Tenant Runs Day Care Center from Apartment

July 31, 2002

LVT Number: 15983

Facts: Landlord sued to evict tenant for violating her lease. Tenant ran a day care center out of her apartment. Landlord claimed that this was commercial use. Tenant claimed that state law permitted her to provide child care from her home, no matter what her lease said. Courts: Tenant wins in part. New York's Social Services Law Section 390 permits tenant to provide home-based child care. But a trial was needed to decide if tenant was complying with the regulations governing home child care services.

Facts: Landlord sued to evict tenant for violating her lease. Tenant ran a day care center out of her apartment. Landlord claimed that this was commercial use. Tenant claimed that state law permitted her to provide child care from her home, no matter what her lease said. Courts: Tenant wins in part. New York's Social Services Law Section 390 permits tenant to provide home-based child care. But a trial was needed to decide if tenant was complying with the regulations governing home child care services.

65 Ocean Ave. Assocs. v. Samuel: NYLJ, 7/3/02, p. 25, col. 3 (Civ. Ct. Kings; Rodriguez, J)

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