Opinion
0643–18
05-18-2018
Paula SMITH, Petitioner, v. Carolyn JENKINS and Audrey Jenkins, Respondents.
Lauren P. Raysor, Esq., 11 West Prospect Avenue, Mount Vernon, New York 10550, Peter Wang, Esq., Of Counsel to Lauren Raysor, Esq., 305 Broadway, 9th Floor, New York, New York 10007, Attorney for Petitioner Joseph Goubeaud Jr., Esq., Attorney for Respondents, 22 West First Street, Suite 502, Mount Vernon, New York 10550
Lauren P. Raysor, Esq., 11 West Prospect Avenue, Mount Vernon, New York 10550, Peter Wang, Esq., Of Counsel to Lauren Raysor, Esq., 305 Broadway, 9th Floor, New York, New York 10007, Attorney for Petitioner
Joseph Goubeaud Jr., Esq., Attorney for Respondents, 22 West First Street, Suite 502, Mount Vernon, New York 10550
Adam Seiden, J.
Petitioner commenced this nonpayment action in March 2018 seeking to recover $9,000.00 representing rental arrears for the period of December 2017 through February 2018. Pursuant to the lease agreement submitted into evidence, respondent's tenancy began on November 1, 2016 and ended May 31, 2017. She is now a month-to-month tenant and her monthly rent is $3,000.00.
On May 10, 2018, the Petitioner and Respondent Carolyn Jenkins appeared for a non-jury trial. The parties stipulated on the record that the lease agreement entered into evidence was signed by both parties to the proceeding, with "Pauline Smith" as Landlord and "Audrey Jenkins by Caroline Jenkins P.O.A." as Tenant. The parties further conceded that $18,000.00 in rental arrears is due for the period of December 2017 through May 2018 and that respondent is now a month-to-month tenant.
Respondent argues that the petitioner lacks standing to commence this action because she is not the owner of the premises. A Quit Claim Deed, dated December 11, 2014, was submitted into evidence, wherein Pauline Smith transferred her ownership interest in the premises at 24 Primrose Avenue, Mount Vernon, NY to Elsa Burke, petitioner's sister. The Deed was recorded with the Westchester County Clerk on December 23, 2014. The parties concede that Elsa Burke is the legal owner of the premises. Petitioner states that she has an oral attorney-in fact agreement to act on behalf of Elsa Burke but does not possess a written Power of Attorney.
Contrary to the respondent's claims, New York Real Property and Proceedings Law does not require the owner of the leased property to commence a summary proceeding. Instead, the statute explicitly permits, inter alia, a "landlord or lessor" to commence a summary proceeding without requiring ownership ( RPAPL § 721(1) ; Attia v. Imoukhuede , 55 Misc 3d 135(A); 57 NYS 3d 674 (2d Dept. 2017) ; 100 Apt. Assoc., Inc. v. Estavillo , 18 Misc 3d 67; 852 NYS 2d 591 (2d Dept. 2007) ; Ferber v. Salon Moderne, Inc. , 174 Misc 2d 945 (1st Dept 1997) ; G.N. Associates by Coombes v. Griffen , 178 AD2d 747, 577 NYS 2d 184 (3d Dept 1991) ). In Attia v. Imoukhuede , 55 Misc 3d 135(A), the trial court in a nonpayment summary proceeding granted the tenants' motion to vacate a final judgment upon a finding that the petitioner lacked standing to commence the action. The facts adduced at the trial level demonstrated that petitioner's wife held legal title to the premises, but that the tenants had executed a lease agreement with the petitioner as the named landlord. On appeal, however, the Appellate Term, Second Department held that the fact that the petitioner/landlord was not the owner of the premises did not affect his standing to bring a summary proceeding against the tenants, as the record clearly demonstrated that the tenants recognized petitioner as their landlord and admitted that they had entered into a written lease with the petitioner. In making its ruling, the appellate court stated that "[i]t has long been recognized that ‘if a party enters as lessee of another, and the right of the lessor is in no way altered, the lessee is estopped from denying the relation ... The title he then acknowledges and accepts he must abide by while the relation lasts’ " (citations omitted). Accordingly, absent evidence that the person named in the lease agreement as the "landlord or lessor" lacks the authority from the owner to commence the summary proceeding, the party identified as the "landlord or lessor" has standing to commence a summary proceeding.
The Court finds that the facts in this case are essentially the same as those stated in Attia v. Imoukhuede , 55 Misc 3d 135 (A). Here, petitioner's sister Elsa Burke is the legal title owner of the premises. However, petitioner executed a lease agreement as the landlord with respondents with the apparent consent of the legal owner of the premises. Respondents conceded during the hearing that they entered into possession of the premises pursuant to the lease agreement with petitioner. Accordingly, the Court finds that the petitioner has standing to commence this action under RPAPL § 721 as landlord/lessor of the premises.
Judgment for petitioner in the amount of $18,000.00. The warrant of eviction shall be stayed until May 31, 2018 to give the respondents an opportunity to pay the outstanding arrears.
This constitutes the Court's Decision and Order.