Landlord Didn't Accept Occupant as Tenant

(Decision submitted by Gerald Shapiro of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict nonpurchasing rent-stabilized tenant for illegally subletting the condominium apartment owned by landlord. The rent-stabilized tenant was Bahram Hakakian. The current occupant was Bobby Hakakian. The last renewal lease was addressed to, and signed by, ''B. Hakakian.'' Bobby Hakakian, the occupant, claimed that landlord had knowingly assigned the right to a renewal lease to him. At the very least, he claimed there was a waiver. Landlord's managing agent testified that it was their office policy not to permit assignments among rent-stabilized tenants in condominium apartments, since it is not required by law. Landlord claimed that it hadn't knowingly issued a renewal lease to Bobby. The court ruled for landlord. The renewal lease was issued to Bahram Hakakian, and landlord didn't assign the lease to Bobby. And there was no knowing waiver. Rent checks were paid by ''B. Hakakian'' or ''Hakakian.'' Since the last names and the initials of the first names of both parties were identical, landlord wouldn't be deemed to have known that it was accepting rent from a person other than tenant.

Bellstell 140 E. 56th St. LLC v. Hakakian: L&T Index No. 50094/99 (Civ. Ct. NY 3/31/00; Elsner, J) [9-pg. doc.]