Landlord Can't Evict Long- Term Occupant

September 30, 1993

LVT Number: 8262

Landlord sued to evict occupants of luxury rent-controlled apartment after tenant died. Occupants had lived in the apartment since 1950. The trial court found that landlord had waived any right to evict occupants because they'd been there for 43 years. Landlord appealed. The appeals court ruled against landlord---even though occupants had signed tenant's name to correspondence with landlord over the years, and had paid the rent by money order using tenant's name. Tenant's name was also still on the mailbox, along with occupants' names.

Landlord sued to evict occupants of luxury rent-controlled apartment after tenant died. Occupants had lived in the apartment since 1950. The trial court found that landlord had waived any right to evict occupants because they'd been there for 43 years. Landlord appealed. The appeals court ruled against landlord---even though occupants had signed tenant's name to correspondence with landlord over the years, and had paid the rent by money order using tenant's name. Tenant's name was also still on the mailbox, along with occupants' names.

117 West 57th Street Realty Corp. v. Hultgren: NYLJ, p. 21, col. 1 (9/14/93) (App. T. 1 Dept.; Ostrau, PJ, Miller, McCooe, JJ)

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