Tenant and Family Were Properly Evicted Under Warrant

November 19, 2015

LVT Number: #26600

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, entered a final judgment of possession and approved an eviction warrant. Tenant and a family member were then evicted. The family member asked the court to be restored to possession. The court ruled for the family member since he wasn’t named in the court papers and therefore the eviction warrant wasn’t effective against him. Landlord appealed and won. An occupant who is a member of tenant’s family can be properly evicted.

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord, entered a final judgment of possession and approved an eviction warrant. Tenant and a family member were then evicted. The family member asked the court to be restored to possession. The court ruled for the family member since he wasn’t named in the court papers and therefore the eviction warrant wasn’t effective against him. Landlord appealed and won. An occupant who is a member of tenant’s family can be properly evicted. The occupant also showed no proof that he was entitled to succession rights.

 

 
JLNT Realty, LLC v. Liautaud: 2015 NY Slip Op 51567(U), 2015 WL 6511874 (App. T. 2 Dept.; 10/23/15; Pesce, PJ, Aliotta, Solomon, JJ)

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