Landlord's Refusal to Consent to Sublet Was Unreasonable

September 12, 2012

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Tenant asked the court to dismiss the case. Landlord had denied tenant's request to sublet for two years while she went to Florida to recuperate from cancer treatments. Landlord claimed that tenant bought a house in Florida and didn't intend to return to New York. Tenant said that she did intend to come back to the apartment. The court ruled for tenant. Under Real Property Law Section 226-b(2), landlord can't unreasonably withhold consent to tenant's sublet request.

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Tenant asked the court to dismiss the case. Landlord had denied tenant's request to sublet for two years while she went to Florida to recuperate from cancer treatments. Landlord claimed that tenant bought a house in Florida and didn't intend to return to New York. Tenant said that she did intend to come back to the apartment. The court ruled for tenant. Under Real Property Law Section 226-b(2), landlord can't unreasonably withhold consent to tenant's sublet request. Landlord didn't ask tenant for additional information and can't withhold consent on mere speculation on whether tenant will return.

  • 140 East 46th St. LLC v. Murray: NYLJ, 3/3/10, p. 26, col. 3 (Civ. Ct. NY)

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