Did Tenant Illegally Sublet to Spouse?

April 1, 1997

LVT Number: 11408

Landlord sued to evict tenant for illegally subletting apartment to her husband. Tenant asked the court to dismiss the case without a trial because her husband was a legal occupant. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. The fact that occupant was tenant's husband didn't automatically make him legal occupant. Tenant's husband admitted that he and tenant maintained separate residences during their marriage and that tenant moved into the apartment only after he'd moved out.

Landlord sued to evict tenant for illegally subletting apartment to her husband. Tenant asked the court to dismiss the case without a trial because her husband was a legal occupant. The court ruled for tenant, and landlord appealed. The appeals court ruled for landlord and reopened the case. The fact that occupant was tenant's husband didn't automatically make him legal occupant. Tenant's husband admitted that he and tenant maintained separate residences during their marriage and that tenant moved into the apartment only after he'd moved out. A trial was needed to determine whether husband was legally entitled to move back into the apartment.

Stanford Realty Assocs. v. Markell: NYLJ, p. 25, col. 2 (3/4/97) (App. T. 1 Dept.; Ostrau, PJ, McCooe, Freedman, JJ)

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