Roommate Gets Permanent Tenant Status

LVT Number: #22371

Landlord sued to evict hotel-stabilized tenant for nonprimary residence. Tenant admitted that the apartment wasn't his primary residence. But tenant's roommate, who had lived in the apartment as his primary residence for at least 22 years, claimed that he was entitled to remain as a permanent tenant. Landlord argued that it had no landlord-tenant relationship with the roommate and that he had no tenancy rights. The court ruled for the roommate.

Landlord sued to evict hotel-stabilized tenant for nonprimary residence. Tenant admitted that the apartment wasn't his primary residence. But tenant's roommate, who had lived in the apartment as his primary residence for at least 22 years, claimed that he was entitled to remain as a permanent tenant. Landlord argued that it had no landlord-tenant relationship with the roommate and that he had no tenancy rights. The court ruled for the roommate. Under the Rent Stabilization Code, the roommate was entitled to permanent tenant status by living continuously in the apartment for at least six months. Paying rent wasn't a requirement to get this status.

Cambridge Development LLC v. Crane: NYLJ, 12/16/09, p. 26, col. 3 (Civ. Ct. NY; Scheckowitz, J)