Landlord Can Evict Rent-Controlled Tenant for Sublet Profiteering

November 1, 2006

LVT Number: 19247

(Decision submitted by Howard K. Grun of the Manhattan law firm of Kaufman Friedman Plotnicki & Grun, LLP, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for profiteering. Landlord claimed that tenant overcharged illegal subtenants. Tenant claimed that additional apartment occupants were merely her roommates. The court ruled for landlord after trial. Tenant appealed and lost. Tenant converted the apartment dining room into a fourth bedroom. Between 2001 and 2005, she charged a series of short-term transient students illegal rents.

(Decision submitted by Howard K. Grun of the Manhattan law firm of Kaufman Friedman Plotnicki & Grun, LLP, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for profiteering. Landlord claimed that tenant overcharged illegal subtenants. Tenant claimed that additional apartment occupants were merely her roommates. The court ruled for landlord after trial. Tenant appealed and lost. Tenant converted the apartment dining room into a fourth bedroom. Between 2001 and 2005, she charged a series of short-term transient students illegal rents. This was more in the nature of subletting than of taking in roommates. Tenant's commercial use of the apartment was profiteering and was an incurable violation of the Rent Control law.

220 West 93rd St. LLC v. Stavrolakes: NYLJ, 10/26/06, p. 30, col. 6 (App. Div. 1 Dept.; Buckley, PJ, Tom, Saxe, Sullivan, McGuire, JJ)

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