Landlord Didn't Prove Overcrowding of Apartment

April 1, 1999

LVT Number: 13099

Landlord sued to evict rent-controlled tenant for overcrowding in tenant's apartment. Tenant didn't appear in court, and landlord asked for a default judgment. The court ruled against landlord. Landlord's case was based on tenant's failure to submit to landlord a statement naming all apartment occupants and their relationships to tenant. Tenant's mere failure to respond to this notice wasn't a sufficient reason to evict tenant for overcrowding. Landlord had no other reason for making his claim.

Landlord sued to evict rent-controlled tenant for overcrowding in tenant's apartment. Tenant didn't appear in court, and landlord asked for a default judgment. The court ruled against landlord. Landlord's case was based on tenant's failure to submit to landlord a statement naming all apartment occupants and their relationships to tenant. Tenant's mere failure to respond to this notice wasn't a sufficient reason to evict tenant for overcrowding. Landlord had no other reason for making his claim.

Tabak v. Pinzon: NYLJ, p. 30, col. 4 (3/18/99) (Civ. Ct. NY; Martino, J)

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