Tenants' Operation of Day Care Home Didn't Violate Lease or Law
LVT Number: #26833
Landlord sued to evict rent-stabilized tenants for breaching their lease by running a day care center in the apartment in violation of the lease and applicable laws after DOB issued a violation notice to landlord for the operation of a group family day care center. Landlord paid DOB a $1,200 fine. Tenants claimed that they were entitled to run a group family day care home and asked the court to dismiss the case. The court ruled for tenants. Tenants got a license in 2011 from New York State to operate a group family day care in the apartment. State Social Services Law, which defines both “child day care center” and “group family day care home,” along with tenants’ license, make clear that the apartment was used as a group family day care home rather than a child day care center. Tenants’ operation of the licensed Group Family Day Care does not violate the law.
80 St Nicholas Place Associates, LLC v. Walsh: 2016 NY Slip Op 50233(U), 2016 WL 762729 (Civ. Ct. NY; 2/25/16; Kraus, J)