Tenant Used Mitchell-Lama Apartment for Prostitution

July 22, 2018

LVT Number: July 2018

Landlord sued to evict Mitchell-Lama tenant for illegal use of his apartment in violation of Real Property Actions and Proceedings Law Section 711(5) and Real Property Law Section 231(1). The court ruled for landlord, who proved that tenant was convicted of promoting prostitution and permitted use of the apartment for prostitution on an ongoing basis. Subtenant appealed and lost. She claimed that landlord waited too long to enforce a penalty created by law. But subtenant referred to a law concerning public wrong.

Landlord sued to evict Mitchell-Lama tenant for illegal use of his apartment in violation of Real Property Actions and Proceedings Law Section 711(5) and Real Property Law Section 231(1). The court ruled for landlord, who proved that tenant was convicted of promoting prostitution and permitted use of the apartment for prostitution on an ongoing basis. Subtenant appealed and lost. She claimed that landlord waited too long to enforce a penalty created by law. But subtenant referred to a law concerning public wrong. Landlord's right to eviction was based on RPL and RPAPL provisions intended to protect the health, welfare, and safety of the public and other tenants living in the building. The one-year time limit subtenant referred to, even if she had a right to raise this defese, didn't apply. 

East Midtown Plaza Housing Co. v. Gamble: 2018 NY Slip Op 28164, 2018 WL 2466129 (App. T. 1 Dept.; 6/1/18; Shulman, PJ, Gonzalez, Edmead, JJ)

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