Landlord Unreasonably Denied Sublet Request

January 1, 2005

LVT Number: 17840

Landlord sued to evict rent-stabilized tenant based on illegal subletting. Landlord had denied tenant's sublet request, and tenant went ahead with the sublet. Tenant claimed that landlord's denial of his request was unreasonable. Landlord argued that tenant was going out of the country, that proposed subtenant had no means of income as a medical student, and that the proposed sublet extended beyond the term of tenant's current lease. The court ruled for tenant, dismissed the case, and awarded tenant attorney's fees.

Landlord sued to evict rent-stabilized tenant based on illegal subletting. Landlord had denied tenant's sublet request, and tenant went ahead with the sublet. Tenant claimed that landlord's denial of his request was unreasonable. Landlord argued that tenant was going out of the country, that proposed subtenant had no means of income as a medical student, and that the proposed sublet extended beyond the term of tenant's current lease. The court ruled for tenant, dismissed the case, and awarded tenant attorney's fees. The sublet law didn't require tenant to live in the country while subletting, subtenant showed he had extra income to pay rent, and the rent stabilization code permits tenant to sublet beyond his lease term.

Baruch Hashem Yom Yom Corp. v. Gadbois: NYLJ, 12/8/04, p. 19, col. 3 (Civ. Ct. NY; Schreiber, J)

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