Tenant's Daughter and Grandson Lived in Apartment While Tenant Was in Jail

April 1, 2004

LVT Number: 17264

Landlord sued to evict rent-controlled tenant for illegal subletting. Tenant was 71 and had begun a 46-month jail sentence in 2001. Before tenant went to jail, his daughter had moved into the apartment part-time while she was getting divorced. After tenant went to jail, his daughter and grandson moved into the apartment full-time. The court ruled against landlord. The occupancy of the apartment by tenant's close family members during his temporary absence wasn't an illegal sublet. Tenant's lease permitted occupancy by tenant and his immediate family members.

Landlord sued to evict rent-controlled tenant for illegal subletting. Tenant was 71 and had begun a 46-month jail sentence in 2001. Before tenant went to jail, his daughter had moved into the apartment part-time while she was getting divorced. After tenant went to jail, his daughter and grandson moved into the apartment full-time. The court ruled against landlord. The occupancy of the apartment by tenant's close family members during his temporary absence wasn't an illegal sublet. Tenant's lease permitted occupancy by tenant and his immediate family members. If tenant's absence was permanent, landlord could sue to evict tenant for nonprimary residence, and family members would have to prove they had pass-on rights.

2500 Broadway LLC v. Ward: NYLJ, 3/3/04, p. 19, col. 1 (Civ. Ct. NY; Lai, J)

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