"Three-Quarter" House Can't Oust Participant Without Eviction Proceeding
LVT Number: #25752
Former program participant at a "three-quarter house" sued the housing program facility operator, seeking to be restored to possession. The program had given occupant a bunk bed in an apartment or private house. She previously had been homeless for four months. DSS paid occupant's monthly rent of $215 to the program. Participant claimed that she was illegally locked out of the house. The program operator claimed that participant wasn't a tenant but a mere licensee who wasn't subject to housing court eviction procedure.
The court ruled for occupant. The three-quarter house rented beds to single adults and collected their welfare or disability checks as rent. The facility operator was a for-profit entity and provided support services and counseling funded by government agencies. Occupant's move-in agreement stated that she could be removed for any reason, especially if she wasn't enrolled in a treatment program. The court found that the program operator and participant had a landlord-tenant relationship and that the operator couldn't evict participant without commencing a housing court proceeding. The court found that a 17-page license agreement signed by participant was unconscionable.
Cooper v. Back on Track Group, Inc.: Index No. 16348/14, NYLJ No. 1202668042483 (Civ. Ct. Kings; 7/25/14; Lau, J)