Landlord Can't Evict Tenant Who Violates Roommate Law

August 31, 1997

LVT Number: 11805

Facts: Landlord sued to evict rent-controlled tenant for having more than one roommate, which is a violation of the ``roommate law,'' Real Property Law section 235-f(3). Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, finding that the roommate law was intended to protect tenants and that it shouldn't be used by landlord as a reason for eviction. Landlord appealed. The appeals court ruled for landlord, finding that the roommate law didn't bar eviction when tenant had more than the number of roommates permitted by the statute. Tenant appealed.

Facts: Landlord sued to evict rent-controlled tenant for having more than one roommate, which is a violation of the ``roommate law,'' Real Property Law section 235-f(3). Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, finding that the roommate law was intended to protect tenants and that it shouldn't be used by landlord as a reason for eviction. Landlord appealed. The appeals court ruled for landlord, finding that the roommate law didn't bar eviction when tenant had more than the number of roommates permitted by the statute. Tenant appealed. The higher appeals court ruled for tenant and dismissed the case. While noting that other courts were split on this issue, the court upheld the lower court's ruling that landlord can't use the roommate law as a basis for evicting tenants.

Capital Holding Co. v. Stavrolakes: NYLJ, p. 25, col. 1 (8/25/97) (App. Div. 1 Dept.; Ellerin, JP, Wallach, Nardelli, Rubin, Mazzarelli, JJ)

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