Prior Landlords Recognized Occupant as Tenant

July 31, 2005

LVT Number: 18253

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Apartment occupant claimed pass-on rights. The court ruled for occupant. Landlord appealed and lost. Occupant showed that prior landlord recognized her as tenant 10 years earlier, when tenant moved out. Prior landlord continued to use tenant's name for administrative convenience. Occupant also showed that next prior landlord continued this arrangement and accepted rent directly from her. Prior landlords recognized occupant as tenant, and she was entitled to pass-on rights.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Apartment occupant claimed pass-on rights. The court ruled for occupant. Landlord appealed and lost. Occupant showed that prior landlord recognized her as tenant 10 years earlier, when tenant moved out. Prior landlord continued to use tenant's name for administrative convenience. Occupant also showed that next prior landlord continued this arrangement and accepted rent directly from her. Prior landlords recognized occupant as tenant, and she was entitled to pass-on rights.

Johny v. Tolbert: NYLJ, 7/14/05, p. 27, col. 4 (App. T. 2 Dept.; Golia, JP, Rios, Belen, JJ)

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