Tenant Moved Across the Street

August 31, 1993

LVT Number: 8184

Landlord sued to evict tenant for illegal subletting. The trial court ruled for landlord, and tenant appealed. The appeals court again ruled for landlord. Tenant had by now died. Landlord proved that tenant had illegally sublet his rent-stabilized apartment to his long-time friend and business associate. Landlord showed that tenant himself had moved to a larger co-op apartment across the street, so tenant couldn't successfully claim that the subleased apartment was his primary residence and that he intended to move back.

Landlord sued to evict tenant for illegal subletting. The trial court ruled for landlord, and tenant appealed. The appeals court again ruled for landlord. Tenant had by now died. Landlord proved that tenant had illegally sublet his rent-stabilized apartment to his long-time friend and business associate. Landlord showed that tenant himself had moved to a larger co-op apartment across the street, so tenant couldn't successfully claim that the subleased apartment was his primary residence and that he intended to move back. Tenant had also tried to claim that subtenant was his roommate, but there was no proof they'd lived there together.

Kimmel v. Estate of Ling Kai K'ung: NYLJ, p. 21, col. 5 (8/6/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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