Landlord Claims Apartment Illegally Sublet to Tenant's Son

December 1, 2005

LVT Number: 18536

Landlord sued to evict rent-stabilized tenant for an unauthorized sublet to tenant's son. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, finding that landlord must wait until tenant's renewal lease expires, because the case really is about tenant's nonprimary residence. Landlord appealed. The appeals court ruled for landlord and sent the case back for trial. Tenant didn't show enough proof for the court to rule for it without a trial.

Landlord sued to evict rent-stabilized tenant for an unauthorized sublet to tenant's son. Tenant asked the court to dismiss the case without a trial. The court ruled for tenant, finding that landlord must wait until tenant's renewal lease expires, because the case really is about tenant's nonprimary residence. Landlord appealed. The appeals court ruled for landlord and sent the case back for trial. Tenant didn't show enough proof for the court to rule for it without a trial. Tenant submitted no proof to show that tenant's son had extensive ties to the apartment, and the sworn statement of tenant's son indicated that he never lived in the apartment with tenant.

Alta Apartments, LLC v. Weisbond: NYLJ, 11/18/05, p. 29, col. 3 (App. T. 1 Dept.; David, JP, Gangel-Jacob, Schoenfeld, JJ)

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