Landlord Didn't Accept Occupant as Tenant

July 31, 1997

LVT Number: 11637

Landlord sued to evict apartment occupants after rent-controlled tenant moved out. The court ruled for landlord, and the occupants appealed. The occupants, tenant's caretaker and her son, claimed that prior landlord had accepted them as tenants. The appeals court ruled against the occupants. A prior nonprimary residence proceeding against tenant didn't result in a lease for the occupants, and the occupants never paid back rent, a condition for continued occupancy. So new landlord wasn't bound by any supposed agreement to accept the occupants as tenants.

Landlord sued to evict apartment occupants after rent-controlled tenant moved out. The court ruled for landlord, and the occupants appealed. The occupants, tenant's caretaker and her son, claimed that prior landlord had accepted them as tenants. The appeals court ruled against the occupants. A prior nonprimary residence proceeding against tenant didn't result in a lease for the occupants, and the occupants never paid back rent, a condition for continued occupancy. So new landlord wasn't bound by any supposed agreement to accept the occupants as tenants.

78/79 York Assocs. v. Drozdikova: NYLJ, p. 26, col. 1 (7/7/97) (App. T. 1 Dept.; Ostrau, PJ, Parness, Freedman)

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