Tenant Claims Subtenants Are Roommates

November 1, 2000

LVT Number: 14541

Landlord sued to evict rent-stabilized tenants for illegally subletting the upper floor of their duplex apartment. Tenants claimed that their lease gave them an unlimited right to sublet. They claimed also that the person who lived upstairs in the duplex was a roommate, not a subtenant. They asked the court to dismiss the case without a trial. The court ruled against tenants. Any lease clause granting an unlimited right to sublet violated the Rent Stabilization Law and Code and so was unenforceable.

Landlord sued to evict rent-stabilized tenants for illegally subletting the upper floor of their duplex apartment. Tenants claimed that their lease gave them an unlimited right to sublet. They claimed also that the person who lived upstairs in the duplex was a roommate, not a subtenant. They asked the court to dismiss the case without a trial. The court ruled against tenants. Any lease clause granting an unlimited right to sublet violated the Rent Stabilization Law and Code and so was unenforceable. But a trial was required to decide if the living arrangement was a sublet or a roommate situation. So a trial was needed.

Zurich Holding Co. LLC v. Monteleone: NYLJ, 10/25/00, p. 29, col. 5 (Civ. Ct. NY; Schachner, J)

Topics

More like this