Landlord Didn't Prove Tenant Sublet Apartment to Her Son

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment without landlord's knowledge or consent. Tenant asked the court to dismiss the case, claiming that the apartment occupant in question was her son. Tenant said that the son moved in shortly after she began renting the apartment and that she later moved out, leaving the son to live in the apartment by himself while she occasionally visited him there. The court ruled for tenant and dismissed the petition because landlord didn't claim in the petition that tenant never co-resided in the apartment with her son. Landlord appealed and lost. Landlord presented no facts to support its claim that tenant had sublet the apartment to her son. To the extent that tenant no longer used the apartment as her primary residence, landlord could seek recovery of the apartment in an eviction proceeding based on nonprimary residence.

888 East 96th Street, LLC v. Hargrove: 61 Misc.3d 137(A), 2018 NY Slip Op 51558(U)(App. T. 2 Dept.; 11/2/18; Pesce, PJ, Aliotta, Elliot, JJ)