Tenant's Home Day Care Service Didn't Violate Lease

February 17, 2015

LVT Number: #25973

Landlord sued to evict HUD Section 8 tenant for running a day care service in her apartment. Landlord claimed that tenant violated her lease by doing so. The court ruled for tenant and dismissed the case without a trial. Tenant, who had lived in the apartment with her own three children for 14 years, operated a day care facility registered with the New York State Office of Children and Family Services. Since 2003, she ran a licensed group family day care center. Landlord failed to describe how tenant was operating the day care facility beyond the scope of her license.

Landlord sued to evict HUD Section 8 tenant for running a day care service in her apartment. Landlord claimed that tenant violated her lease by doing so. The court ruled for tenant and dismissed the case without a trial. Tenant, who had lived in the apartment with her own three children for 14 years, operated a day care facility registered with the New York State Office of Children and Family Services. Since 2003, she ran a licensed group family day care center. Landlord failed to describe how tenant was operating the day care facility beyond the scope of her license. And landlord failed to prove its claim that tenant's operation increased its building liability insurance. Public policy also favored home child care.

Southern Boulevard, LP v. Escoto: Index No. 15179/14, NYLJ No. 1202716111786 (Civ. Ct. Bronx; 1/13/15; Lehrer, J)

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