Facey v. Johnson

OPINION OF THE COURT

Richard J. Montelione, J.

*1137A bench trial commenced, and concluded in the Small Claims Part of the Civil Court on September 22, 2015. Both parties appeared pro se.

Beginning in May 2013, claimant rented a room from the defendant who also resided in the apartment. The rent was $100 per week. In short, the parties were roommates (Real Property Law § 235-f [3]; Diamond v Menasche, 141 Misc 2d 899 [Civ Ct, NY County 1988]) who also had a landlord-tenant relationship (see Redhead v Henry, 160 Misc 2d 546 [Civ Ct, Bronx County 1994]; and see also RPAPL 721 [regarding rights of…