Landlord Claims Illegal Sublet by Tenant's Sister

September 12, 2012

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant denied the claim and asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Tenant showed that the supposed “subtenant” was in fact her sister, who had lived in the apartment for at least several years with tenant. So an illegal sublet claim wasn't appropriate. Since landlord believed that tenant had moved out of the apartment, it should instead bring an eviction proceeding based on nonprimary residence against tenant when her lease expired.

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant denied the claim and asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Tenant showed that the supposed “subtenant” was in fact her sister, who had lived in the apartment for at least several years with tenant. So an illegal sublet claim wasn't appropriate. Since landlord believed that tenant had moved out of the apartment, it should instead bring an eviction proceeding based on nonprimary residence against tenant when her lease expired. At that time, questions concerning tenant's primary residence, and any succession rights her sister may have, could be properly decided.

  • Morris Asset Mgmt. v. Hammel: NYLJ, 2/22/12, p. 27, col. 1 (App. T. 1 Dept.)

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