19-Page Questionnaire Too Long

Landlord sued to evict tenant for subletting without landlord's consent. The court ruled for tenant. Tenant had submitted a written sublet request to landlord. She gave proposed subtenant's name and address, and stated she wanted to sublet for two years to go live with and care for her seriously ill mother. Landlord, in response, stated his general policy against subletting, and sent tenant a 19-page questionnaire. Tenant objected to the scope of the questionnaire, sent landlord a copy of the sublease and financial information, and went ahead with the sublet. The court found that landlord's questions ranged ``far beyond'' tenant's reason for subletting and her location during the period of the proposed sublease, business and home addresses of subtenant, intended use of the apartment, and subtenant's financial status. Landlord's stated policy against sublets and its ``onerous'' questionnaire clearly showed that landlord didn't intend to approve the sublet. The questionnaire was so burdensome that it didn't justify a response.

Katz v. Holzer: NYLJ, p. 22, col. 5 (8/18/93) (Civ. Ct. NY; York, J)