Occupant's Roommate Can't Intervene in Case

June 30, 1994

LVT Number: 8869

Facts: Landlord sued to evict apartment occupant, and got an eviction warrant against her. Then occupant's roommate asked the court to vacate the eviction warrant and let him intervene in the case. Roommate claimed he was really a tenant because he'd signed two rent checks and his name was listed on the lobby register. Landlord claimed roommate wasn't a tenant, so he had no right to intervene. Court: Roommate can't intervene in the case. Roommate can't become a tenant by signing rent checks, or by being listed in the lobby register.

Facts: Landlord sued to evict apartment occupant, and got an eviction warrant against her. Then occupant's roommate asked the court to vacate the eviction warrant and let him intervene in the case. Roommate claimed he was really a tenant because he'd signed two rent checks and his name was listed on the lobby register. Landlord claimed roommate wasn't a tenant, so he had no right to intervene. Court: Roommate can't intervene in the case. Roommate can't become a tenant by signing rent checks, or by being listed in the lobby register. And he can't become a tenant when the other apartment occupant wasn't a tenant herself. Otherwise, roommate would get more rights than the occupant.

Hollyer v. Leacock: NYLJ, p. 29, col. 5 (6/22/94) (Civ. Ct. NY; Stallman, J)

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