Tenant's Aunt Lives in Apartment

November 1, 2003

LVT Number: 16963

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated the roommate law and illegally sublet the apartment. Landlord claimed that tenant didn't live in the apartment as his primary residence and that tenant allowed other people to live in the apartment. Landlord later agreed that the only other person in the apartment was tenant's aunt but argued that, since tenant wasn't living in the apartment, the aunt wasn't a legal roommate. The court ruled against landlord. Landlord can't evict tenant for nonprimary residence during his renewal lease term.

Landlord sued to evict rent-stabilized tenant, claiming that tenant violated the roommate law and illegally sublet the apartment. Landlord claimed that tenant didn't live in the apartment as his primary residence and that tenant allowed other people to live in the apartment. Landlord later agreed that the only other person in the apartment was tenant's aunt but argued that, since tenant wasn't living in the apartment, the aunt wasn't a legal roommate. The court ruled against landlord. Landlord can't evict tenant for nonprimary residence during his renewal lease term. Landlord must wait until the lease term is over and send tenant a timely nonrenewal notice before starting an eviction case on this basis. Also, tenant was allowed to have one roommate under the roommate law.

Mallouk v. Henry: NYLJ, 10/15/03, p. 19, col. 1 (Civ. Ct. Kings; Finkelstein, J)

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