Landlord Accepted Rent from Occupant

Landlord sued to evict occupant, claiming she was a squatter. Occupant claimed that she'd moved into the apartment in 1988 after tenant moved out, and that the building's manager had identified her as tenant in its request for back rent of $4,205 from the Income Maintenance Division. Also, landlord had accepted $3,075 in back rent from the social services agency. Three years later, landlord sued to evict occupant. The court ruled for landlord, and occupant appealed. Landlord claimed that the request for back rent was merely a form letter, and that landlord had never meant to make occupant a tenant. The appeals court ruled for occupant, and dismissed the case. Landlord gave up its right to object to occupant's tenancy by accepting rent from occupant. Also, landlord had waited three years after accepting the rent before trying to evict occupant as a squatter, which casts doubt on its reason for bringing the suit.

City of New York v. Butt: NYLJ, p. 28, col. 5 (11/7/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)