Occupants Are Tenant's Children

April 30, 2002

LVT Number: 15822

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and dismissed the case. The claimed subtenants were tenant's college-age children, who moved into the apartment when tenant did and who continued to primarily reside there. Tenant himself periodically traveled to Greece. Landlord's claim really was a nonprimary residence claim, which it could make only after sending a nonrenewal notice to tenant. Landlord's claim was premature and not a proper illegal sublet claim.

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court ruled for landlord, and tenant appealed. The appeals court ruled for tenant and dismissed the case. The claimed subtenants were tenant's college-age children, who moved into the apartment when tenant did and who continued to primarily reside there. Tenant himself periodically traveled to Greece. Landlord's claim really was a nonprimary residence claim, which it could make only after sending a nonrenewal notice to tenant. Landlord's claim was premature and not a proper illegal sublet claim.

MF Holding, LLC v. Apostolopoulos: NYLJ, 4/26/02, p. 21, col. 1 (App. T.1 Dept.; Davis, JP, Gangel-Jacob, Suarez, JJ)

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