Illegal Sublet Proceeding Against Tenant and Her Wards Dismissed

LVT Number: #31443

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment without landlord's consent. Tenant claimed that other occupants were close family members so there was no sublet. Tenant also claimed she was their Article 81 guardian and presented some proof to support this claim. Landlord offered no proof to rebut tenant's claim, so the case was dismissed. The court viewed the case as an attempt to boot-strap a nonprimary residence proceeding against tenant before her current lease was up for renewal. 

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment without landlord's consent. Tenant claimed that other occupants were close family members so there was no sublet. Tenant also claimed she was their Article 81 guardian and presented some proof to support this claim. Landlord offered no proof to rebut tenant's claim, so the case was dismissed. The court viewed the case as an attempt to boot-strap a nonprimary residence proceeding against tenant before her current lease was up for renewal. 

119 Grand Realty LLC v. Imbert: Index No. 51773/2019, NYLJ No. 1620751670 (Civ. Ct. NY; 4/23/21; Ofshtein, J)