Posted by Mark Smith on July 13, 1999 at 20:34:43:
It has been asked several times in this forum how
a landlord might attempt to remove a roommate or
guest from a house or apartment. Below is a
citation of one case from Brooklyn Housing Court.
A roommate, or even a guest, who is invited to share a dwelling unit with the prime tenant, cannot be removed without a court order if he or she has been in occupancy for at least 30 days. Barclay v. Natoli, N.Y.L.J., February 28, 1996, p. 29, col. 6 (Civ. Ct., Kings Co.). As such, he or she is a person entitled to possession pursuant to Real Property Actions and Proceeding Law §721 and has the requisite standing to bring a proceeding to require the landlord to permit the roommate or guest to bring his or her belongings into a house or apartment.
Note: Posting is disabled in all archives
Post a Followup