Subtenant Is Tenant's Son

January 1, 2002

LVT Number: 15553

Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment. The court ruled against landlord. Landlord appealed and lost. Subtenant was tenant's son, and tenant claimed that his son had lived with him since 1977. Tenant claimed that he was away from the apartment only during periods when he was touring as a jazz musician. Landlord's claim was really more one of nonprimary residence, and landlord could start another case on that basis.

Landlord sued to evict rent-stabilized tenant for illegally subletting his apartment. The court ruled against landlord. Landlord appealed and lost. Subtenant was tenant's son, and tenant claimed that his son had lived with him since 1977. Tenant claimed that he was away from the apartment only during periods when he was touring as a jazz musician. Landlord's claim was really more one of nonprimary residence, and landlord could start another case on that basis.

Taub v. Hampel: NYLJ, 12/19/01, p. 22, col. 6 (App. T.1 Dept.; Parness, PJ, Davis, Suarez, JJ)

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