Realty Law Digest

Landlord-Tenant—”Illegal Lockout” Proceeding—Definition of Licensee—Landlord Managed “Three-Quarter Houses”—Use of Bunk Bed and Closet Space Constituted A Tenancy, Rather Than A License, Even Though There Were Numerous Use Restrictions

THIS CASE INVOLVED an “illegal lockout” proceeding commenced pursuant to RPAPL §713(10). The petitioner claimed that he was a tenant of the subject premises and that the respondent (landlord) had “wrongly deprived him of possession thereof.” The landlord asserted that the petitioner was “a licensee whose license to be at the premises [landlord] properly terminated.” Respondent “A,” who occupies the premises previously occupied by the petitioner, argued that “he should be left alone because he is an innocent bystander to the quarrel between petitioner and [landlord].” The court granted the petitioner a judgment of possession, but stayed execution until “A” departs from the premises. The court further directed that the landlord offer the petitioner the next “bunk bed available” at the premises “should such a bunk bed become available before the one occupied by ['A'] becomes available.”