Tenant's Roommate Not Entitled to Renewal Lease

April 30, 2000

LVT Number: 14064

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed that she was tenant's roommate and that she was entitled to pass-on rights. The court ruled against occupant. She appealed and lost. No one ever informed landlord that tenant had moved out and that occupant had moved in. Occupant claimed that landlord accepted cash rent payments from her for several years, but landlord's receipts showed that these payments had been received from tenant. Landlord never treated occupant as more than a roommate or subtenant.

Landlord sued to evict apartment occupant after rent-stabilized tenant moved out. Occupant claimed that she was tenant's roommate and that she was entitled to pass-on rights. The court ruled against occupant. She appealed and lost. No one ever informed landlord that tenant had moved out and that occupant had moved in. Occupant claimed that landlord accepted cash rent payments from her for several years, but landlord's receipts showed that these payments had been received from tenant. Landlord never treated occupant as more than a roommate or subtenant. Landlord had stricken occupant's signature from the 1994 renewal lease sent back by tenant, and in 1996 tenant described occupant as her roommate in connection with her next lease renewal.

327 Central Park West, LLC v. Ashley: NYLJ, 4/24/00, p. 24, col. 3 (App. T.1 Dept.; Parness, PJ, McCooe, Davis, JJ)

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