Landlord Treated Occupants as Tenants

June 30, 2003

LVT Number: 16699

Facts: Landlord sued to evict occupants of rent-controlled apartment. Landlord claimed that occupants were licensees who lived in the apartment without landlord's knowledge or permission. Landlord further claimed that occupants had fraudulently posed as tenants. Occupants had lived in the apartment for 30 years and had paid rent to landlord and prior landlord since 1973. Court: Landlord loses. Landlord had named occupants as tenants in a prior nonpayment case. And landlord accepted rent from occupants after a November 2002 notice to quit and before its January 2003 court petition.

Facts: Landlord sued to evict occupants of rent-controlled apartment. Landlord claimed that occupants were licensees who lived in the apartment without landlord's knowledge or permission. Landlord further claimed that occupants had fraudulently posed as tenants. Occupants had lived in the apartment for 30 years and had paid rent to landlord and prior landlord since 1973. Court: Landlord loses. Landlord had named occupants as tenants in a prior nonpayment case. And landlord accepted rent from occupants after a November 2002 notice to quit and before its January 2003 court petition. So landlord reinstated the tenancy. The court dismissed the case.

650 W. 172nd St. Assocs. v. Canela: NYLJ, 6/4/03, p. 18, col. 3 (Civ. Ct. NY; Hagler, J)

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