Landlord Didn't Prove Illegal Sublet

June 30, 1999

LVT Number: 13380

Landlord sued to evict cooperative tenant for illegally subletting or assigning her apartment. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and dismissed the case. Landlord claimed that tenant had illegally sublet or assigned the apartment to individuals other than immediate family members. But landlord didn't prove that anyone other than tenant's daughter was living in the apartment. Tenant's daughter lived in the apartment with co-op board approval and didn't pay rent to tenant.

Landlord sued to evict cooperative tenant for illegally subletting or assigning her apartment. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and dismissed the case. Landlord claimed that tenant had illegally sublet or assigned the apartment to individuals other than immediate family members. But landlord didn't prove that anyone other than tenant's daughter was living in the apartment. Tenant's daughter lived in the apartment with co-op board approval and didn't pay rent to tenant. Also, there was no proof that tenant had transferred her apartment shares to her daughter.

Mitchell Gardens Cooperative Corp. v. Graziosa: NYLJ, p. 32, col. 3 (6/3/99) (App. T. 2 Dept.; Kassoff, PJ, Scholnick, Chetta, JJ)

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