Tenant Collected Rent from Other Tenants

Landlord City of New York sued to evict month-to-month tenant for objectionable conduct, claiming that tenant collected rents from other tenants in the building without authorization and kept the money. Tenant claimed that he had a 1989 assignment of rents in which the building's prior mortgage holders authorized him to collect rents. The city took over the building by foreclosure in 1992. While the city may not have informed tenants initially that it was the new building owner, this became known when the city sued other tenants for nonpayment of rent and their defense was that they had paid tenant. At that point tenant was advised that the city was the new land- lord and that he was no longer autho- rized to collect rent. Tenant continued to do so. The court ruled for landlord. City landlord must notify month-to-month tenants of the reasons for eviction. Landlord did so here, and the court found that tenant was a menace to other tenants and had interfered with the city's administration of the building.

City of New York v. Britt: NYLJ, p. 31, col. 2 (11/25/98) (Civ. Ct. Kings; Afterman, J)