Tenant Who Showed No Proof of Subtenancy Agreement Can't Sue to Evict Other Occupant

September 24, 2024

LVT Number: #33389

Yonkers tenant sued to evict another apartment occupant he claimed was the subtenant of a room in his apartment. The occupant asked the court to dismiss the case, claiming that tenant had no standing to maintain a landlord/tenant proceeding against him. The occupant then asked the court to reconsider. After reviewing the facts the court ruled for the occupant and dismissed the case. The tenant proved neither that he owned the premises nor that he had authority to lease any portion of it to the occupant. 

Yonkers tenant sued to evict another apartment occupant he claimed was the subtenant of a room in his apartment. The occupant asked the court to dismiss the case, claiming that tenant had no standing to maintain a landlord/tenant proceeding against him. The occupant then asked the court to reconsider. After reviewing the facts the court ruled for the occupant and dismissed the case. The tenant proved neither that he owned the premises nor that he had authority to lease any portion of it to the occupant. 

Bolanos v. Cuello: Index No. LT-3468-23, 2024 N.Y. Misc. LEXIS 7002 (City Ct. Yonkers; 8/9/24; Inlaw, J)

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