Landlord Wasn't Required to Serve Termination Notice on Subtenant

Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment. Tenant apparently had moved out, but the subtenant asked the court to dismiss the case. He claimed that he wasn't served with a proper predicate notice before landlord started the eviction proceeding.

The court ruled against the subtenant. Noting that there were no Second Department cases on the issue of statutory notices to subtenants, the court relied on cases decided by the First Department appellate courts. These courts had previously determined that a subtenant or undertenant who isn't a party to a lease with the landlord isn't entitled to service of a notice of termination and lacks standing to challenge the sufficiency of such notice served on the tenant.   

So, the subtenant wasn't required to receive notice pursuant to Real Property Law §226-c, and the court need not consider the sufficiency of the notice as it pertains to subtenant. Due process required only that, for the warrant to be effective against a subtenant, licensee, or occupant, he be made a party to the proceeding, either by naming him in and serving him with the petition and notice of petition or by joining him as a party during the pendency of the proceeding. The court also found that the facts alleged in the petition were sufficient to establish that landlord had a cause of action against subtenant.  

Dom Ben Realty Corp. v. Beato: Index No. 521828/2020, 2024 NY Slip Op 33656(U)(Sup. Ct. Kings; 10/2/24; Joseph, J)