Tenants Can Run Day Care Service from Apartment

June 30, 2004

LVT Number: 17402

Facts: Landlord sued to evict tenants for violating their lease. Tenants operated a baby-sitting service in their second-floor apartment. Tenants asked the court to dismiss the case without a trial. Their service was registered with the Office of Children and Family Services. They claimed that public policy allowed home-based child care. Landlord argued that the child day care law cited by tenants didn't apply in New York City. Landlord also claimed that only apartments on the first floor of the nonfireproof building could be used for child day care. Court: Landlord loses.

Facts: Landlord sued to evict tenants for violating their lease. Tenants operated a baby-sitting service in their second-floor apartment. Tenants asked the court to dismiss the case without a trial. Their service was registered with the Office of Children and Family Services. They claimed that public policy allowed home-based child care. Landlord argued that the child day care law cited by tenants didn't apply in New York City. Landlord also claimed that only apartments on the first floor of the nonfireproof building could be used for child day care. Court: Landlord loses. Since 1960, courts and the legislature have permitted residential child care as a social necessity. Tenants were properly licensed and registered.

Carroll St. Properties v. Puente: NYLJ, 6/23/04, p. 21, col. 1 (Civ. Ct. Kings; Heymann, J)

Topics

More like this