Occupancy by Family Member Wasn't Illegal Sublet

Landlord sued to evict rent-stabilized tenant, claiming that tenant illegally sublet or assigned his apartment. In its notice to cure and termination notice, landlord claimed that tenant’s granddaughter lived in the apartment without tenant. After pretrial questioning, tenant asked the court to dismiss the case. The court ruled for tenant. Tenant traveled frequently to Trinidad to be with family but always returned to the apartment. Occupancy by a close family member during tenant’s absence didn’t constitute an illegal sublet, and this wasn’t a nonprimary residence proceeding. The case was dismissed.

Dorafield Realty Corp. v. Davis: NYLJ, 2/17/10, p. 27, col. 3 (Civ. Ct. Kings; Heymann, J)