Daughter's Occupancy Doesn't Bar Claim Against Tenant

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The court granted tenant's request to dismiss the case after tenant claimed that landlord had acknowledged that tenant's daughter lived in the apartment but didn't name her in the proceeding. Landlord appealed, and the case was reopened. The single correspondence from landlord to tenant's daughter, which, at most, acknowledged the daughter's right to occupy the apartment, didn't waive landlord's lease nonrenewal notice to tenant. The daughter's occupancy rights were still subordinate to tenant's rights. Tenant had never surrendered possession and denied that her primary residence was elsewhere. In addition, the daughter wasn't a necessary party to the proceeding, since the dispute was between landlord and tenant.

FS 45 Tiemann Place LLC v. Gomez: 2013 NY Slip Op 50132(U), 2013 WL 400848 (App T. 1 Dept.; 1/30/13; Torres, JP, Schoenfeld, Shulman, JJ)