Landlord Treated Tenant's Daughter as Cotenant in Prior Proceeding

March 7, 2007

LVT Number: 19352

Landlord sued to evict rent-stabilized tenant after tenant didn't renew her lease. Tenant's daughter appeared in court and asked the court to dismiss the case. She claimed that landlord didn't offer a proper renewal lease. The daughter claimed that she was a cotenant. The court ruled for tenant. In a prior nonpayment proceeding, landlord had named tenant's daughter as a cotenant. Landlord obtained a money judgment against tenant's daughter as cotenant and later accepted rent payments from her. But landlord offered the renewal lease in question only to tenant.

Landlord sued to evict rent-stabilized tenant after tenant didn't renew her lease. Tenant's daughter appeared in court and asked the court to dismiss the case. She claimed that landlord didn't offer a proper renewal lease. The daughter claimed that she was a cotenant. The court ruled for tenant. In a prior nonpayment proceeding, landlord had named tenant's daughter as a cotenant. Landlord obtained a money judgment against tenant's daughter as cotenant and later accepted rent payments from her. But landlord offered the renewal lease in question only to tenant. Landlord's claim must be dismissed because landlord didn't issue a proper renewal lease offer.

465 Harman LLC v. Quinones: NYLJ, 1/3/07, p. 24, col. 1 (Civ. Ct. Kings; Kraus, J)

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