Tenant's Mother Evicted from Mitchell-Lama Apartment

April 30, 1994

LVT Number: 8724

Landlord sued to evict tenant and ''John Doe'' from Mitchell-Lama apartment. Tenant and his mother lived in the apartment. The trial court ruled for landlord against tenant, but found that landlord hadn't properly sued to evict tenant's mother. Landlord appealed, and the appeals court ruled for landlord. Landlord named ''John Doe'' as a respondent in its petition. Both tenant and his mother were represented by an attorney in court, and the mother didn't contest service of the petition. So, the eviction warrant against tenant was also valid against his mother.

Landlord sued to evict tenant and ''John Doe'' from Mitchell-Lama apartment. Tenant and his mother lived in the apartment. The trial court ruled for landlord against tenant, but found that landlord hadn't properly sued to evict tenant's mother. Landlord appealed, and the appeals court ruled for landlord. Landlord named ''John Doe'' as a respondent in its petition. Both tenant and his mother were represented by an attorney in court, and the mother didn't contest service of the petition. So, the eviction warrant against tenant was also valid against his mother. Tenant's mother wasn't a tenant in her own right at the building. Tenant had now moved into another apartment in the building. Landlord City of New York couldn't have intended to permanently grant two apartments to the same family.

City of New York v. Boykin: NYLJ, p. 27, col. 4 (4/4/94) (App. T. 1 Dept.; Parness, JP, McCooe, Glen, JJ)

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