Landlord Bound by Lease Signed by Receiver

LVT Number: 11867

Landlord sued to evict occupant of a rent-stabilized apartment. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Prior landlord, a court-appointed receiver with authority to enter into leases, gave occupant a lease and accepted rent directly from him for three years, knowing that rent-stabilized tenant had moved out. This created a landlord-tenant relationship with the occupant. New landlord was bound by the lease receiver had signed.

Landlord sued to evict occupant of a rent-stabilized apartment. The court ruled against landlord, and landlord appealed. The appeals court again ruled against landlord. Prior landlord, a court-appointed receiver with authority to enter into leases, gave occupant a lease and accepted rent directly from him for three years, knowing that rent-stabilized tenant had moved out. This created a landlord-tenant relationship with the occupant. New landlord was bound by the lease receiver had signed.

Rima 106, LP v. Gamberling: NYLJ, p. 29, col. 2 (10/24/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Davis, JJ)