Certificate of Eviction Required

June 30, 1995

LVT Number: 9799

Landlord sued to evict subtenant of apartment after rent-controlled tenant died. Subtenant had occupied apartment with tenant since 1985. Landlord claimed the sublet was illegal. The court ruled against landlord and dismissed the case for procedural reasons. Landlord had to get a certificate of eviction from the DHCR before starting an eviction action against any rent-controlled tenant. The definition of ''tenant'' under rent-control regulations includes a subtenant. Tenant's original lease authorized subletting a portion of her apartment.

Landlord sued to evict subtenant of apartment after rent-controlled tenant died. Subtenant had occupied apartment with tenant since 1985. Landlord claimed the sublet was illegal. The court ruled against landlord and dismissed the case for procedural reasons. Landlord had to get a certificate of eviction from the DHCR before starting an eviction action against any rent-controlled tenant. The definition of ''tenant'' under rent-control regulations includes a subtenant. Tenant's original lease authorized subletting a portion of her apartment. This right continued by agreement between prior landlord and tenant.

Bleeker Eleven Associates v. Lopez: NYLJ, p. 26, col. 5 (6/21/95) (Civ. Ct. NY; Payne, J)

Topics

More like this