Eviction Proceeding Delayed While Tenants Sue Landlord over House Ownership

Facts: Tenants, husband and wife, sued landlord in State Supreme Court to rescind the deed to the house they lived in. Landlord was the wife's mother. Tenants had transferred the house to landlord in 2003. They claimed that the intent of their agreement with landlord was to put the house in landlord's name so they could obtain mortgage refinancing. Tenants' credit rating was low at the time. In 2006, landlord sued to evict tenants in housing court. Tenants asked the Supreme Court to delay the eviction proceeding until the case concerning the deed was decided. Court: Tenants win. Landlord claimed that since it had the deed to the house, it was entitled to proceed with the eviction action. But there were questions of fact about what led to the transfer of the house. Until these were resolved, the eviction proceeding would be delayed.

Stephenson v. Wayland: NYLJ, 3/14/07, p. 19, col. 1 (Sup. Ct. Bronx; Hunter, J)