Landlord Delayed Roommate's Move-In Date

Facts: Rent-stabilized tenant placed an ad for a roommate, who agreed to move in on a specific date. The roommate advised landlord in advance of her moving date. When the roommate arrived at the building, landlord refused to permit her to move in. Landlord claimed it had no notice from tenant and no proof that the roommate wouldn't try to assert pass-along rights to the apartment. The roommate had moved out of her prior apartment and had to find temporary lodgings and storage for all her belongings in the moving truck. Two weeks later landlord allowed the roommate to move into tenant's apartment. She moved out within a short time and sued landlord for damages. Landlord asked the court to dismiss the case. Court: Landlord loses. The roommate can sue landlord. Real Property Law section 235-f, ''the roommate law,'' permits tenants to have roommates. Nothing in the law requires tenant to give landlord prior notice of a roommate, and landlord can't delay a roommate's moving in. Even if landlord suspected an illegal sublet, landlord shouldn't have interfered with the move. Landlord's remedy would have been to begin an eviction action.

Costa v. David Frankel Realty, Inc.: NYLJ, p. 33, col. 6 (10/23/96) (Sup. Ct. NY; Heitler, J)