Co-Landlords Can Bring Proceeding

LVT Number: 10117

Husband and wife landlords sued to evict rent-stabilized tenant to recover apartment for their own use. Tenant claimed landlords' petition was defective. Tenant pointed out that under the rent stabilization code, only one person can get possession for personal use, no matter what form of ownership or the number of co-owners. The court ruled against tenant. The code states only that one landlord may recover possession. It is silent about how many owners may join in the petition.

Husband and wife landlords sued to evict rent-stabilized tenant to recover apartment for their own use. Tenant claimed landlords' petition was defective. Tenant pointed out that under the rent stabilization code, only one person can get possession for personal use, no matter what form of ownership or the number of co-owners. The court ruled against tenant. The code states only that one landlord may recover possession. It is silent about how many owners may join in the petition. Landlords' petition states that the apartment is for the husband's use and occupancy, so it complies with the rent stabilization code. The wife can certainly occupy the apartment with her husband. And since landlords own the building as tenants by the entirety, their rights are intertwined anyway. No law prevents them from joining in the petition together. Landlords can proceed with the case.

Kaye v. Castelli: NYLJ, p. 26, col. 2 (10/4/95) (Civ. Ct. NY; Stallman, J)