'Squatters' Entitled to 30-Day Notice From City

Real Estate Weekly, August 16, 2000

At issue in this squatter proceeding was whether occupants were tenants at will or at sufferance entitled to a 30-day notice. They had made substantial improvements to the house. The Housing Court had granted summary judgment to the City and awarded it possession. The instant court now reversed the judgment and granted summary judgment in favor of the occupants dismissing the petition. It held that they were tenants at will and that the City's failure to serve the required 30-day notice mandated dismissal. The occupancy was at all relevant times subordinate to the interest of the City, as the occupants had acknowledged the City's title. The City, after bringing an unsuccessful 1989 squatter proceeding and after unsuccessfully seeking a writ of assistance from the Supreme Court in 1990, had allowed the occupants to remain for an indefinite term.

LAW JOURNAL