Landlord Claims Tenant Illegally Assigned Apartment to Mother

June 30, 2004

LVT Number: 17405

Landlord sued to evict tenant for illegally assigning his apartment to his mother. The court ruled against landlord. Landlord appealed and lost. The apartment originally was in the mother's name. She moved in with her son in 1982. In 1999, the lease was put in the son's name, with landlord's consent, and the mother continued to live in the apartment at least part time. Landlord claimed that the son had now moved to Michigan. Landlord must wait until tenant's lease is ending and start a nonprimary residence case.

Landlord sued to evict tenant for illegally assigning his apartment to his mother. The court ruled against landlord. Landlord appealed and lost. The apartment originally was in the mother's name. She moved in with her son in 1982. In 1999, the lease was put in the son's name, with landlord's consent, and the mother continued to live in the apartment at least part time. Landlord claimed that the son had now moved to Michigan. Landlord must wait until tenant's lease is ending and start a nonprimary residence case.

235 W. 71st St. v. Chechak: NYLJ, 6/23/04, p. 27, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Schoenfeld, JJ)

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