Landlord Can't Evict Tenant Because He Might Be Illegal Immigrant

New landlord sent rent-stabilized tenant a seven-day notice terminating the tenancy because, landlord claimed, tenant's occupancy was illegal and landlord was subject to civil or criminal penalties for renting to tenant. Landlord said that it believed that tenant was an illegal immigrant, and told tenant it wouldn't renew his lease. Tenant then sued landlord and asked the court to bar landlord from starting an eviction proceeding against him.
The court granted a temporary injunction while the case was pending, finding that he was likely to win the case. Landlord's refusal to renew tenant's lease amounted to a violation of the New York City Human Rights Law and the Rent Stabilization Code. Under rent stabilization, tenant was entitled to automatic renewal of his lease. And landlord cited no federal or New York law requiring landlord to verify tenant's immigration status or barring landlord from renting an apartment to an illegal immigrant. Landlord couldn't claim that tenant's occupancy was illegal without showing an actual violation of the law.

Recalde v. Bae Cleaners, Inc.: NYLJ, 7/29/08, p. 26, col. 3 (Sup. Ct. NY; Madden, J)