Landlord Accepted Rent from Occupant

December 1, 2000

LVT Number: 14618

Landlord HPD issued a certificate of eviction against apartment occupant who claimed he was tenant's family member and entitled to pass-on rights. Occupant appealed, claiming that landlord had accepted rent from him and so waived any right to evict him. The court ruled against occupant. Both the apartment occupancy agreement and city rules governing the apartment stated that acceptance of rent won't be deemed a waiver of rights.

Landlord HPD issued a certificate of eviction against apartment occupant who claimed he was tenant's family member and entitled to pass-on rights. Occupant appealed, claiming that landlord had accepted rent from him and so waived any right to evict him. The court ruled against occupant. Both the apartment occupancy agreement and city rules governing the apartment stated that acceptance of rent won't be deemed a waiver of rights.

Rasic v. Roberts: NYLJ, 11/24/00, p. 27, col. 5 (App. Div.1 Dept.; Nardelli, JP, Williams, Ellerin, Lerner, Rubin, JJ)

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