Tenant Illegally Sublet Apartment

Facts: Landlord sued to evict cooperative proprietary tenant for illegally subletting his apartment. Tenant claimed that subtenant was his roommate. Tenant lived in the apartment on weekends, while subtenant lived there during the week. Occasionally, both stayed at the apartment at the same time. Subtenant had another residence, which he used when not occupying tenant's apartment. Tenant and subtenant shared apartment expenses, and the amount varied each month. Tenant admitted that the apartment wasn't his primary residence. Tenant's lease also restricted subletting to specified family members after getting written consent from landlord. Court: Landlord wins. Although the roommate law applies to cooperative apartments, tenant can't claim protection under it because he doesn't occupy the apartment as his primary residence. Landlord's sublet restrictions were invalid as a matter of public policy. However, tenant didn't get a written consent from landlord before subletting. Judgment was entered for landlord; tenant was granted ten days to cure this lease violation.

Mill Rock Owners Corp. v. McEvoy: NYLJ, p. 25, col. 5 (4/14/93) (Civ. Ct. N.Y.; Malatzky, J)