"With limited exceptions, a family member may not evict another family member in a summary proceeding. This is the case because where the occupancy of the subject premises arises out of the 'familial relationship,' such as an adult child who has lived in the family home since birth, a summary proceeding may not be maintained."
Judge Ukeiley applied this "family exception" in his decision in the 2009 licensee case of Robinson v Holder (24 Misc 3d 1232[A], 2009 NY Slip Op 51706[U] [2009]). In that case, the petitioners, a mother and son, sought to evict the respondent, the son's girlfriend, and their child-in-common, from premises owned by the petitioner grandmother and her son, and resided in only by the respondent, her child, and the petitioner son when he was not incarcerated. After a careful review of the case law, and a discussion of whether or not persons involved in "familial" relationships were exempt from summary licensee proceedings, the court held that the respondent therein, due to her "familial" relationship with the petitioners, was not [*8]a licensee within the meaning of RPAPL 713 (7).{**40 Misc 3d at 636}
Discussion