No Proof Subtenants Lived in Apartment with Tenant

July 24, 2015

LVT Number: #26307

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant asked the court to dismiss the case without a trial, claiming that he lived in the apartment with his children and never assigned or sublet the unit. Landlord’s property manager claimed that tenant sublet part of the apartment to other persons, including a man in a wheelchair. Tenant said it was himself who used a wheelchair since 2012 because he suffered from dizzy spells and a heart condition.

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant asked the court to dismiss the case without a trial, claiming that he lived in the apartment with his children and never assigned or sublet the unit. Landlord’s property manager claimed that tenant sublet part of the apartment to other persons, including a man in a wheelchair. Tenant said it was himself who used a wheelchair since 2012 because he suffered from dizzy spells and a heart condition. The court ruled for tenant and dismissed the case since landlord presented no other information that presented a question of fact.

 

 

 
Bridge Street Development Corp. v. Williams: Index No. 81850/14, NYLJ No. 1202727947628 (Civ. Ct. Kings; 5/22/15; Mundy, J.)

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