Landlord Can't Bring Nonpayment Case Against Non-Tenant

December 16, 2013

LVT Number: #25216

Landlord sued to evict occupant of HPD co-op apartment for nonpayment of rent, claiming that tenant owed over $15,000 for a 13-month period. Occupant claimed that landlord waited too long to seek eviction for nonpayment and that a portion of the rent had been paid. She also claimed that landlord had refused to grant her succession rights. Tenant's grandfather had been the proprietary lessee of the apartment but had moved out in September 2010. The court didn't rule on the succession issue but dismissed the nonpayment case. Landlord and occupant had no signed occupancy agreement.

Landlord sued to evict occupant of HPD co-op apartment for nonpayment of rent, claiming that tenant owed over $15,000 for a 13-month period. Occupant claimed that landlord waited too long to seek eviction for nonpayment and that a portion of the rent had been paid. She also claimed that landlord had refused to grant her succession rights. Tenant's grandfather had been the proprietary lessee of the apartment but had moved out in September 2010. The court didn't rule on the succession issue but dismissed the nonpayment case. Landlord and occupant had no signed occupancy agreement. So there was no landlord-tenant relationship, and landlord couldn't maintain a summary proceeding against an occupant for nonpayment of rent.

Gouverneur Gardens HSG v. Freeman: Index No. L&T 71947/2013, NYLJ No. 1202626324189 (Civ. Ct. NY; 11/5/13; Kraus, J)

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