Tenant Removed One Roommate

April 30, 2006

LVT Number: 18811

Landlord sued to evict rent-stabilized tenant for having three roommates in the apartment. The court ruled for landlord but allowed tenant to avoid eviction by removing one roommate within 10 days. Landlord later claimed that tenant hadn't done this, and sought execution of the eviction warrant. The court ruled against landlord. Landlord appealed and lost. The lower court found testimony by tenant and another roommate believable, that one roommate had moved out within the 10-day period. And two other occupants being in the apartment a few months later wasn't cause for eviction.

Landlord sued to evict rent-stabilized tenant for having three roommates in the apartment. The court ruled for landlord but allowed tenant to avoid eviction by removing one roommate within 10 days. Landlord later claimed that tenant hadn't done this, and sought execution of the eviction warrant. The court ruled against landlord. Landlord appealed and lost. The lower court found testimony by tenant and another roommate believable, that one roommate had moved out within the 10-day period. And two other occupants being in the apartment a few months later wasn't cause for eviction.

St. Clarks Properties v. McEntee: NYLJ, 4/10/06, p. 29, col. 4 (App. T. 1 Dept.; McCooe, Schoenfeld, JJ)

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