No Illegal Sublet to Tenant's Brother

April 30, 2003

LVT Number: 16557

Landlord sued to evict rent-stabilized tenant for illegally subletting the apartment to tenant's brother. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant and his brother had an informal occupancy agreement and landlord didn't prove this was an illegal sublet. Any issue concerning tenant's primary residence should be raised instead in an eviction case based on nonprimary residence.

Landlord sued to evict rent-stabilized tenant for illegally subletting the apartment to tenant's brother. The court ruled against landlord after a trial. Landlord appealed and lost. Tenant and his brother had an informal occupancy agreement and landlord didn't prove this was an illegal sublet. Any issue concerning tenant's primary residence should be raised instead in an eviction case based on nonprimary residence.

Little v. Lando: NYLJ, 4/16/03, p. 18, col. 1 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)

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