Landlord Can't Maintain Illegal Sublet Claim

Landlord sued to evict rent-stabilized tenant for violating a substantial obligation of his tenancy. Landlord claimed that tenant no longer resided in the apartment and had sublet it without landlord’s permission. Tenant’s daughter, who lived in the apartment, asked the court to dismiss the case. Landlord argued that the daughter didn’t have standing to challenge the court petition. But she was named as a subtenant in the court papers. Landlord was barred from bringing an illegal sublet proceeding against tenant’s immediate family member with close ties to the apartment. Landlord then retracted the illegal sublet and assignment claim and argued that tenant still violated his lease by not residing in the apartment. The court ruled against landlord, finding that it failed to properly state a claim. The case was dismissed.

40 Woodruff LLC v. Dixon: Index No. L&T067692/15, NYLJ No. 1202757938308 (Civ. Ct. NY; 5/4/16; Finkelstein, J)