Eviction Papers Against Apartment Occupant Defective

Landlord sued to evict apartment occupant. Landlord claimed that the rent-stabilized tenant had moved out and that occupant was merely a licensee who no longer had any right to remain in the apartment. Landlord and occupant signed a settlement agreement stating that occupant would move out. The court wouldn't approve the agreement. Landlord's notice to quit and petition didn't name the tenant as a party, and didn't state that tenant had surrendered or that his lease had been terminated. The papers stated only that, upon information and belief, tenant had vacated. The papers therefore were fatally defective, and landlord had no right to sue occupant directly. The court was obligated to inform occupant of this, especially because he didn't have an attorney When it did so, occupant didn't want to sign the settlement agreement.

P.S. 85th Street FLP v. Demos: NYLJ, 1/10/08, p. 29, col. 3 (Civ. Ct. Kings; Kraus, J)