Landlord Couldn't Support Its Illegal Sublet Claim

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Landlord claimed that tenant lived outside the city and had sublet or assigned the apartment to a named individual without first obtaining landlord’s consent. Tenant asked the court to dismiss the case, claiming that landlord’s court papers stated insufficient facts. Landlord, in turn, asked for permission to conduct pre-trial questioning. The court ruled for tenant and dismissed the case. Landlord’s predicate notice stated only that tenant lived at an address in Wurtsboro, N.Y. “and/or somewhere else” outside the apartment. But landlord didn’t allege any facts to support this claim. Landlord’s notice also stated that a named occupant and “other individuals” lived in the apartment and that tenant sublet to them. But landlord didn’t allege any facts to support its claims, especially the claim that the occupant was a subtenant. Evidence that someone other than the tenant occupies an apartment, without more, doesn’t establish a sublet. Since landlord failed to state sufficient specific facts in support of its claim, the case must be dismissed.

East Village RE Holdings, LLC v. McGowan: 53 Misc.3d 1201(A), 2016 NY Slip Op 51304(U) (Civ. Ct. NY; 9/19/16; Weisberg, J)