Landlord Didn't Properly Name Occupants in Nonprimary Residence Eviction Case

Landlord sued to evict rent-stabilized tenant for nonprimary residence. The tenant was a nonprofit organization that provided supportive housing to adults with mental disabilities. Landlord also named "John Doe" and "Jane Doe" as apartment occupants, representing residents of the group home. Tenant and occupants asked the court to dismiss the case for failure to name necessary parties and for misusing the CPLR provision pertaining to unnamed parties. Landlord claimed it didn't know the occupants' true identities before starting the court case.

The court ruled for tenant and dismissed the case. There was no proof that landlord used diligent efforts to properly name or describe the apartment occupants in its court papers. Guardians ad litem appointed for individual occupants also stated that many residents may not know about the court case because of their condition.

105 Realty 2018 LLC v. East Harlem Council for Cmty. Improvement Inc.: Index No. LT-056709-19, NYLJ No. 1682949110 (Civ. Ct. NY; 4/25/23; Bacdayan, J)