Tenant Still Lives in Apartment

February 1, 2003

LVT Number: 16422

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant claimed that she had lived in the apartment, and nowhere else, since 1991. She notified landlord when her stepson and his wife moved in with her in 1998. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Landlord presented no statements from other tenants or building employees that contradicted tenant's claim. Landlord's claim that the signature on tenant's most recent renewal lease was different from prior signatures wasn't enough to raise an issue of fact.

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant claimed that she had lived in the apartment, and nowhere else, since 1991. She notified landlord when her stepson and his wife moved in with her in 1998. Tenant asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Landlord presented no statements from other tenants or building employees that contradicted tenant's claim. Landlord's claim that the signature on tenant's most recent renewal lease was different from prior signatures wasn't enough to raise an issue of fact. The case was properly dismissed, and tenant properly awarded attorney's fees.

801 Realty Co., LLC v. Perez: NYLJ, 1/23/03, p. 19, col. 5 (App. T.1 Dept.; Suarez, PJ, McCooe, Gangel-Jacob, JJ)

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