Landlord Can't Evict Occupant Not Named in Proceeding

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord based on tenant’s default. Subtenant asked the court to delay the eviction and claimed that she should have been named as a party to landlord’s court proceeding. Subtenant, who claimed to be tenant’s sister-in-law, pointed out that landlord had previously sued tenant for unauthorized subletting of the apartment to her and therefore knew that she lived in the apartment. She also claimed succession rights. The court ruled for subtenant in part. Since landlord’s nonpayment petition didn’t name the subtenant or even “John Doe” or “Jane Doe,” and because landlord didn’t deny subtenant’s claim that landlord knew she lived in the apartment, an effective eviction warrant couldn’t be issued against her. Otherwise, subtenant failed to show that she had a meritorious claim to succession rights. And while subtenant was a proper party to the nonpayment proceeding given her occupancy of the apartment, she wasn’t a necessary party. The default judgment against tenant remained in place.

Citywide Preservation LLC v. Fall: 53 Misc.3d 1211(A), 2016 N.Y. Slip Op. 51584(U) (Civ. Ct. NY; 11/1/16; Weisberg, J)