Tenant Gets Judgment from Subtenant for Back Rent While Moratorium Stays Eviction

January 26, 2021

LVT Number: #31197

Shareholder-tenant of a co-op apartment sued to evict his subtenant. That case was consolidated in State Supreme Court with a separate action concerning subtenant's right under the sublease to purchase tenant's interest in the apartment. The contract of sale for the apartment was terminated when subtenant failed to close on the purchase. The cancellation of the contract of sale had led to termination of the sublease and commencement of the eviction proceeding.

Shareholder-tenant of a co-op apartment sued to evict his subtenant. That case was consolidated in State Supreme Court with a separate action concerning subtenant's right under the sublease to purchase tenant's interest in the apartment. The contract of sale for the apartment was terminated when subtenant failed to close on the purchase. The cancellation of the contract of sale had led to termination of the sublease and commencement of the eviction proceeding. Subtenant asked the court to dismiss the eviction petition, claiming that tenant didn't comply with a promise to deliver the apartment stock certificate to subtenant.

The court ruled for tenant, who was justified in terminating the sublease. Since there was no closing on any sale of the apartment to subtenant, tenant wasn't required to give subtenant a stock certificate. And NY State Executive Order 202.66 along with NY State Admin. Order 231/20 permitted the eviction case to proceed short of executing on an eviction warrant during the state eviction moratorium. The court granted tenant a money judgment for $310,500, representing rent due between February 2019 through December 2020.

Hill v. Andrews: Index No. 650598/2019, 2020 NY Slip Op 34289(U)(Sup. Ct. NY; 12/8/20; Nock, J)

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