Unnamed Occupant Discovered at Premises When Eviction Was Scheduled

Landlord sued to evict rent-stabilized tenant for nonpayment of rent. The court ruled for landlord and issued a judgment of possession and eviction warrant after tenant failed to comply with five separate settlement stipulations that extended his time to pay back rent. By March 2024, landlord was prepared to proceed with eviction. When the marshal arrived at the apartment, an occupant not named in the court proceeding or on the eviction warrant was the only one there. So the marshal couldn't proceed with the eviction, and landlord then asked the court to join the occupant to the case and to the existing eviction warrant. Landlord said that it had no prior knowledge that occupant was in the apartment. The tenant didn't object to landlord's motion or appear in court, and seemed to have moved out of the unit. Occupant argued in court that landlord shouldn't be allowed to add her to the existing case against tenant. 

The court disagreed and added occupant to the existing case. It was settled law that an occupant isn't generally entitled to predicate notices, and here wasn't entitled to a rent demand since she had no obligation to pay rent to landlord. The court granted landlord permission to join occupant as a party to the nonpayment proceeding. But the court denied landlord's request to add occupant's name to the eviction warrant. Granting leave to add a party to a proceeding does not confer jurisdiction over that party. The CPLR requires that the new party be served with a supplemental notice of petition and amended petition, and be given the chance to answer the petition. Although so far she had presented no defenses, occupant had due process rights and may have defenses to the eviction proceeding. The court amended the case caption to add occupant's name and directed landlord to serve a supplemental notice of petition and amended petition on her.

Magen David MGMT v. Abreu: Index No. 319413/2022, 2024 NY Slip Op 50902(U)(Civ. Ct. Bronx Co. 2024)