Drost v. Hookey

In Drost v. Hookey (25 Misc 3d 210, 881 NYS2d 839 [2009]), a judge of the Suffolk County District Court held that the prior case-by-case analysis in licensee proceedings as to whether or not a "family relationship" existed among the parties should be abandoned for a more bright-line approach whereby all persons residing together in some sort of family relationship, without the benefit of a landlord-tenant relationship, should be classified as licensees of the titled owner unless a specific statutory "opt-out" could be identified by the respondent. In that case, the respondent was the petitioner's former girlfriend with whom he had lived for approximately three years. No children were involved. The court decided that respondent, whom petitioner had no legal obligation to support, was a licensee and, without a statutory "opt-out" such as a right to support from the petitioner, could be evicted as such via the vehicle of a RPAPL 713 (7) licensee proceeding.