New Landlord Can't Evict Prior Owner's Roommate

LVT Number: #25460

Landlord sued to evict apartment occupant. Landlord claimed that occupant was the roommate of prior building owner and had no right to remain in the apartment after prior owner moved out. Occupant asked the court to dismiss the case, claiming that he was rent stabilized and that landlord had improperly moved into the apartment and displaced him. The court ruled for occupant. Occupant claimed that prior owner moved out in February 2012. Landlord moved into the apartment in October 2012.

Landlord sued to evict apartment occupant. Landlord claimed that occupant was the roommate of prior building owner and had no right to remain in the apartment after prior owner moved out. Occupant asked the court to dismiss the case, claiming that he was rent stabilized and that landlord had improperly moved into the apartment and displaced him. The court ruled for occupant. Occupant claimed that prior owner moved out in February 2012. Landlord moved into the apartment in October 2012.  But occupant had remained alone in the apartment for at least three months before landlord bought the building and a full eight months before landlord moved into the apartment. Occupant was subject to rent stabilization, and landlord must move out of the apartment.

Ruan v. Ng: Index No. L&T 89866/12, NYLJ No. 1202646247001 (Civ. Ct. Kings; 2/24/14; Milin, J)