Landlord Improperly Claimed Tenant Was a Licensee

November 21, 2019

LVT Number: #30472

Landlord sued to evict apartment occupant, after sending him a 10-day notice to quit. Landlord claimed that the occupant was a licensee, not a tenant. Occupant pointed out various indicators that he was a tenant. The court found that occupant was a tenant and dismissed the case. Landlord appealed and lost. Landlord registered occupant as a rent-stabilized tenant for three years, billed him for rent, accepted rent payments from him, and commenced a prior nonpayment proceeding against him alleging that he was a tenant in possession under a lease agreement with landlord.

Landlord sued to evict apartment occupant, after sending him a 10-day notice to quit. Landlord claimed that the occupant was a licensee, not a tenant. Occupant pointed out various indicators that he was a tenant. The court found that occupant was a tenant and dismissed the case. Landlord appealed and lost. Landlord registered occupant as a rent-stabilized tenant for three years, billed him for rent, accepted rent payments from him, and commenced a prior nonpayment proceeding against him alleging that he was a tenant in possession under a lease agreement with landlord. Landlord also offered occupant a renewal lease. Given all that, landlord couldn't claim in an eviction proceeding that occupant was a licensee. 

Abacus Clinton LLC v. Ramos: 65 Misc.3d 132(A), 2019 NY Slip Op 51581(U) (App. T. 1 Dept.; 10/9/19; Shulman, PJ, Gonzalez, Edmead, JJ)

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