Tenant Tried to Evict Subtenant

September 30, 2001

LVT Number: 15342

Landlord sued to evict tenant for illegally subletting his rent-stabilized apartment. Tenant then sued to evict subtenant, who was a month-to-month tenant. After a joint trial, the court ruled for landlord and delayed an eviction warrant for 10 days to permit tenant to cure the illegal sublet. But the court also gave subtenant three months to move out. Tenant then asked the court to delay the eviction warrant against him. The court ruled against tenant. Tenant appealed and won.

Landlord sued to evict tenant for illegally subletting his rent-stabilized apartment. Tenant then sued to evict subtenant, who was a month-to-month tenant. After a joint trial, the court ruled for landlord and delayed an eviction warrant for 10 days to permit tenant to cure the illegal sublet. But the court also gave subtenant three months to move out. Tenant then asked the court to delay the eviction warrant against him. The court ruled against tenant. Tenant appealed and won. Since the court gave subtenant three months to move out, it was impossible for tenant to cure the illegal sublet within 10 days. Since tenant tried to evict subtenant in response to landlord's eviction case, he should be given time to cure.

Grand Cru Property Thirty-One LLC v. Ramos: NYLJ, 9/20/01, p. 19, col. 5 (App. T.1 Dept.; Parness, PJ, Davis, Gangel-Jacob, JJ)

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