Landlord Treated Occupant as Tenant

Landlord sued to evict occupant of a rent-controlled apartment after tenant moved out. Occupant claimed that landlord had accepted him as rent-controlled tenant. The court ruled for occupant. Landlord appealed and lost. The occupant, now a senior citizen, moved into the apartment with rent-controlled tenant in 1955. Tenant moved out in 1964. Until 1991, tenant continued to pay rent to landlord. Between 1991 and 1998, landlord accepted rent directly from occupant. Landlord claimed that it accepted occupant's checks without giving up its rights while waiting for occupant to give it documents proving that he was entitled to pass-on rights. But landlord treated occupant as a tenant. Landlord even entered into a court settlement with occupant in an HP proceeding started by occupant in 1996. The case was dismissed.

Pomeroy Co. v. Thompson: NYLJ, 6/8/00, p. 28, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Gangel-Jacob, JJ)