Tenant's Sister Can Join in Case Against Landlord Ownership

Facts: Landlord claimed that he bought a house from tenant and gave tenant a one-year ``use and occupancy'' agreement under which tenant could live in the house for one year in return for paying specified expenses. The agreement also gave tenant the option to buy the house back. Landlord later sued to evict tenant for nonpayment. Tenant's sister appeared in court. She lived in the house with her child and asked to intervene in the case. She claimed that tenant's mother still owned the house. She also said that she and tenant had joint power of attorney from their mother in connection with any sale of the house. The court didn't allow tenant's sister to join in the case, because she didn't sign the use and occupancy agreement and because the court couldn't consider issues of who owned the house. Tenant's sister appealed. Court: Tenant's sister wins. RPAPL 743 allows any person in possession or claiming possession of the property in question to answer an eviction petition. Tenant's sister was entitled to answer the petition because she lived in the house and claimed possession. She could also claim that landlord didn't own the house, as a defense to the petition.

Decaudin v. Velazquez: NYLJ, 2/27/07, p. 34, col. 2 (App. T. 2 Dept.; Rudolph, PJ, McCabe, Lippman, JJ)