Corporate Tenant's Lease Listed Specific Occupant

May 31, 2006

LVT Number: 18899

Landlord refused to renew the lease of rent-stabilized corporate tenant based on nonprimary residence. Landlord then sued to evict tenant and individual occupant. Landlord argued that a corporation couldn't maintain a primary residence. Tenant claimed that the apartment was rented for occupancy by one individual, who had lived in the apartment since the start of the tenancy in 1982. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. At least four renewal leases identified occupant as a tenant and occupant of the apartment.

Landlord refused to renew the lease of rent-stabilized corporate tenant based on nonprimary residence. Landlord then sued to evict tenant and individual occupant. Landlord argued that a corporation couldn't maintain a primary residence. Tenant claimed that the apartment was rented for occupancy by one individual, who had lived in the apartment since the start of the tenancy in 1982. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. At least four renewal leases identified occupant as a tenant and occupant of the apartment. And landlord's employee admitted that landlord knew the apartment was for occupancy only by the named individual occupant. Since she was the original and only apartment occupant, the case was properly dismissed.

New York University v. Kopper's Chocolate Specialty Co., Inc.: NYLJ, 5/1/06, p. 29, col. 3 (App. T. 1 Dept.; McCooe, Gangel-Jacob, Schoenfeld, JJ)

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