Tenant Claims No Illegal Sublet or Profiteering

April 18, 2015

LVT Number: #26086

Landlord sued to evict rent-stabilized tenant for unauthorized subletting and profiteering. The court ruled for landlord based on tenant's default. Tenant appealed, and the case was reopened. Tenant's nonappearance in the case was neither willful nor intentional and didn't cause prejudice to landlord. Tenant also showed she had a meritorious defense. She claimed that the occupant in question was a roommate, not a subtenant, and that the roommate moved out after one month. So there was no profiteering.

Landlord sued to evict rent-stabilized tenant for unauthorized subletting and profiteering. The court ruled for landlord based on tenant's default. Tenant appealed, and the case was reopened. Tenant's nonappearance in the case was neither willful nor intentional and didn't cause prejudice to landlord. Tenant also showed she had a meritorious defense. She claimed that the occupant in question was a roommate, not a subtenant, and that the roommate moved out after one month. So there was no profiteering. The case was reopened and sent back to the lower court for further proceedings.

Horseshoe Realty LLC v. Meah: 47 Misc.3d 127(A), 2015 NY Slip Op 50370(U) (App. T. 1 Dept.; 3/26/15; Schoenfeld, JP, Hunter Jr., Ling-Cohan, JJ)

Topics

More like this