Tenants Had Good Reason for Sublet

May 31, 2003

LVT Number: 16621

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of a Manhattan apartment. The court ruled against landlord. Landlord appealed and lost. Tenant followed the procedures set forth in Real Property Law Section 226-b for making a sublet request. Landlord requested additional information. Landlord claimed that tenant didn't comply with this request, but tenant did provide additional information. Landlord's questionnaire, consisting of 56 questions, was overly burdensome. Tenant also had a good reason for the sublet request.

Landlord sued to evict rent-stabilized tenant for unauthorized subletting of a Manhattan apartment. The court ruled against landlord. Landlord appealed and lost. Tenant followed the procedures set forth in Real Property Law Section 226-b for making a sublet request. Landlord requested additional information. Landlord claimed that tenant didn't comply with this request, but tenant did provide additional information. Landlord's questionnaire, consisting of 56 questions, was overly burdensome. Tenant also had a good reason for the sublet request. Tenant asked to sublet for 11 months to reside temporarily in Greenpoint, Brooklyn, while on a one-year teaching assignment there. Tenant intended to return to the apartment after the sublet, to study at Columbia University.

H.S. Realty Assocs., Inc. v. Meade-Harvey: NYLJ, 5/16/03, p. 18, col. 2 (App. T. 1 Dept.; Suarez, PJ, McCooe, Schoenfeld, JJ)

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