Tenant Not Responsible for Prior Tenant's Rent Nonpayment

Landlord sued to evict tenant for nonpayment of rent. Tenant claimed that he didn't owe rent for the period in question. The court ruled for tenant and dismissed the case. Tenant's mother was the prior rent-stabilized tenant of the apartment. Tenant had claimed succession rights and asked that a lease be issued in his name. But landlord didn't give tenant a renewal lease in his name until December 2011. So, at the time the nonpayment case was commenced earlier in 2011, tenant wasn't the tenant of record for the apartment and therefore had no agreement obligating him to pay rent to landlord. Landlord argued that it had accepted tenant as the tenant of record in 2010, but annual rent registration records for that year listed only tenant's mother as the tenant.

314 E 19th Realty v. Scott: Index No. 82022/2011, NYLJ No. 1202569850083 (Civ. Ct. Kings; 8/13/12; Milin, J)