Landlord Can Evict Corporate Tenant for Nonprimary Residence

Landlord sued to evict corporate tenant with rent-stabilized lease for nonprimary residence. Landlord claimed that there were no issues requiring a trial and asked the court to rule in its favor. The court ruled against landlord because landlord failed to make a genuine effort to find out the individual apartment occupant's name before starting the eviction proceeding. Landlord appealed and won. The individual occupant wasn't a necessary party whose presence was indispensable to deciding the rights of landlord and tenant in the case. Both the initial rent-stabilized lease and later renewal leases were issued solely in the name of the corporate tenant. The leases didn't identify any individual as an intended apartment occupant. Annual rent registrations filed by landlord also consistently identified only Unique People Services, Inc. as the tenant of record. And there was no other proof suggesting that tenant intended the apartment for use by an individual occupant. The appeals court ruled that landlord could evict tenant based on nonprimary residence.

One Arden Partners, LP v. Unique People Services, Inc.: NYLJ, 11/23/10, p. 26, col. 1 (App. T. 1 Dept.; Schoenfeld, JP, Shulman, Hunter, JJ)