Landlord Can't Sue Guarantor for Rent Arrears in Eviction Proceeding

Landlord sued to evict tenant for nonpayment of rent and joined tenant’s guarantor as a party to that case. The guarantor filed an answer but didn’t appear for trial. The court ruled for landlord and got an award for rent arrears against tenant. Landlord also got a money judgment against the guarantor for $7,968 based on his default. The court denied the guarantor’s request to vacate that judgment against him. The guarantor appealed and won. In a summary eviction proceeding, the housing court has no jurisdiction to determine any debt that may be owed by a lease guarantor to landlord because there is no landlord-tenant relationship between those parties and any money owed to landlord by the guarantor isn’t “rent” within the meaning of Real Property Actions and Proceedings Law Section 741(5). 

State Realty, LLC v. Ger: 55 Misc.3d 133(A), 2017 N.Y. Slip Op. 50439(U) (App. T. 2 Dept.; Weston, JP, Pesce, Aliotta, JJ)