Was Occupant Improperly Locked Out of Transitional Housing Program?

August 11, 2018

LVT Number: #28553

Occupant of federally funded transitional housing program for formerly homeless individuals sued operator, claiming that he was unlawfully excluded based on claimed disruptive behavior. The court ruled for occupant and directed that he be restored to possession. Operator appealed, and the case was reopened. A hearing was needed to determine whether occupant was in actual or constructive possession at the time he was put out or kept out of the premises. There was no proof of any occupancy agreement in the lower court's record.

Occupant of federally funded transitional housing program for formerly homeless individuals sued operator, claiming that he was unlawfully excluded based on claimed disruptive behavior. The court ruled for occupant and directed that he be restored to possession. Operator appealed, and the case was reopened. A hearing was needed to determine whether occupant was in actual or constructive possession at the time he was put out or kept out of the premises. There was no proof of any occupancy agreement in the lower court's record.

Chappuis v. CUCS - The Kelly: 50 Misc.3d 137(A), 2018 NY Slip Op 51091(U) (App. T. 1 Dept.; 7/11/18; Shulman, PJ, Ling-Cohan, J)

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