Occupant Who Added Name to Lease Not Rent Stabilized

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed that he was co-tenant because he added his name to the 1993 renewal lease and paid rent for several months immediately after tenant moved out in April 1994. The court ruled for occupant and dismissed the case. Landlord appealed and won. Although tenant had moved out of the apartment in April 1994, he continued to renew leases in his name only and to pay rent to landlord for more than 10 years before landlord started an eviction proceeding in October 2005. Occupant didn't become co-tenant by adding his signature to the 1993 renewal lease or trying to pay rent for a few months in 1994, especially since prior landlord sent occupant correspondence in early 1994 disclaiming any tenancy rights by occupant.

85 Fourth Partners L.P. v. Nolan: NYLJ, 9/6/07, p. 36, col. 3 (App. T. 1 Dept.; McKeon, PJ, McCooe, Schoenfeld, JJ)