Occupant Can Challenge Improper Rent Demand to Tenant

Landlord sued to evict tenant based on nonpayment of rent. The court ruled for landlord based on tenant’s default. Landlord didn’t try to enforce the judgment or add tenant’s girlfriend to the case, even though she lived in the apartment. Instead, landlord started a second nonpayment proceeding, naming tenant and his girlfriend as parties. Tenant didn't appear in court. But his girlfriend appeared and asked the court to dismiss the case due to improper rent demand. Landlord argued that the girlfriend had no standing to contest the nonpayment case. The court ruled for the girlfriend. The girlfriend was a person in possession of the apartment, and claiming possession under Real Property and Proceedings Law Section 743. So she had standing to answer the nonpayment petition. She had obtained an order of protection against tenant, who was barred from the apartment. The rent demand was defective since it claimed some of the same rent amounts that the court ruled on in the prior case, and the case must be dismissed.

320 Manhattan Avenue LP v. Koita: NYLJ, 6/30/10, p. 26, col. 1 (Civ. Ct. NY; Schreiber, J)