Landlord Can't Seek Eviction for Subletting While Correcting Lead Paint Condition

July 27, 2017

LVT Number: #27822

Landlord sued to evict tenant for unauthorized subletting. Tenant claimed that the subtenant was his roommate and that tenant had to move out with his child temporarily while landlord abated a lead paint condition in the apartment. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord admitted that tenant couldn't live in the apartment until it notified tenant that the lead condition was corrected and that tenant didn't have to pay rent until he was able to live in the apartment with his child.

Landlord sued to evict tenant for unauthorized subletting. Tenant claimed that the subtenant was his roommate and that tenant had to move out with his child temporarily while landlord abated a lead paint condition in the apartment. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord admitted that tenant couldn't live in the apartment until it notified tenant that the lead condition was corrected and that tenant didn't have to pay rent until he was able to live in the apartment with his child. So landlord couldn't punish tenant for not occupying the apartment during this time. Also, tenant's lease didn't restrict subletting, so tenant had a right to sublet.

25 W. 68th St. LLC v. Sable: Index No. 60898/2016, NYLJ No. 1202790627692 (Civ. Ct. NY; 5/11/17; Stoller, J)

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