Court Finds No Illegal Sublet Where Occupant Is Family Member

July 21, 2022

LVT Number: #32135

Landlord sued to evict tenants for illegally subletting their apartment to unknown occupants and for failure to comply with income certification requirements. Tenants asked the court to dismiss the case. They claimed that one of the alleged unauthorized occupants was their immediate family member, who was at the apartment frequently to care for a disabled child who is on the lease. Tenants also documented their family relationship with the claimed occupant. The court ruled for tenants.

Landlord sued to evict tenants for illegally subletting their apartment to unknown occupants and for failure to comply with income certification requirements. Tenants asked the court to dismiss the case. They claimed that one of the alleged unauthorized occupants was their immediate family member, who was at the apartment frequently to care for a disabled child who is on the lease. Tenants also documented their family relationship with the claimed occupant. The court ruled for tenants. It didn't matter where the occupant's primary residence was or how long he had been connected to the apartment. Absent proof of a sublease, there can be no illegal sublease between relatives.

Tiffany Gardens, LP v. Idi: Index No. LT-300343-20, NYLJ No. 1653956385 (Civ. Ct. Bronx; 5/11/22; Lutwak, J)

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