Proprietary Lease Permitted Shareholder Tenant's Daughter and Four Grandchildren to Live with Her

August 19, 2016

LVT Number: #27154

Landlord cooperative corporation sued to evict shareholder tenant for violating her proprietary lease. Landlord claimed illegal sublet and occupancy by tenant’s family members while tenant lived elsewhere. Tenant owned and lived in another co-op apartment in NYC. Tenant’s daughter and four grandchildren moved into the apartment in 2014. But the court found no proprietary lease violations and dismissed the case. This wasn’t a sublet, and the proprietary lease allowed tenant’s immediately family members to live with her.

Landlord cooperative corporation sued to evict shareholder tenant for violating her proprietary lease. Landlord claimed illegal sublet and occupancy by tenant’s family members while tenant lived elsewhere. Tenant owned and lived in another co-op apartment in NYC. Tenant’s daughter and four grandchildren moved into the apartment in 2014. But the court found no proprietary lease violations and dismissed the case. This wasn’t a sublet, and the proprietary lease allowed tenant’s immediately family members to live with her. The co-op claimed that tenant didn’t live in the apartment. But tenant had sold the NYC apartment and now lived with her daughter and grandchildren in the Great Neck apartment.

 

 

 

 

11 Wooleys Lane Housing Corp. v. Smith: Index No. LT-01157-15, NYLJ No. 1202763457896 (Dist. Ct. Nassau; 7/1/16; Lerose, J)

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