SRO Tenant Has Right to Sublet

May 31, 2002

LVT Number: 15891

Landlord sued to evict rent-stabilized SRO tenant for illegally subletting. Landlord claimed that SRO tenant had no right to sublet, and that he had done so without first getting landlord's permission. Rent Stabilization Code Section 2525.6(a) and Real Property Law Section 226-b allow tenants to sublet under an ''existing lease.'' Landlord argued that the SRO tenant had no written lease. But an appeals court had ruled previously that rent-stabilized tenants without leases had a right to sublet. So SRO tenant was allowed to sublet.

Landlord sued to evict rent-stabilized SRO tenant for illegally subletting. Landlord claimed that SRO tenant had no right to sublet, and that he had done so without first getting landlord's permission. Rent Stabilization Code Section 2525.6(a) and Real Property Law Section 226-b allow tenants to sublet under an ''existing lease.'' Landlord argued that the SRO tenant had no written lease. But an appeals court had ruled previously that rent-stabilized tenants without leases had a right to sublet. So SRO tenant was allowed to sublet. Whether tenant illegally sublet before asking permission to do so was a question of fact that required a trial.

Pearlbud Realty Corp. v. White: NYLJ, 5/8/02, p. 21, col. 3 (Civ. Ct. NY; Cavallo, J)

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