Tenant's Son Can Remain After Illegal Subtenants Move Out

Landlord sued to evict rent-stabilized tenant for illegal subletting to tenant’s adult son and other occupants. The other occupants moved out before the end of the trial. The court ruled against landlord, since the illegal subletting to the other occupants had been cured. The court found that the arrangement between tenant and her son was more of a licensee or guest relationship and wasn’t a sublet. The court denied tenant’s request for attorney’s fees. Both sides appealed. The appeals court ruled against both landlord and tenant. Landlord claimed that tenant had been absent from the apartment for a long time, but that was a nonprimary residence claim that landlord should address in a separate proceeding. The trial court also properly denied tenant’s request for attorney’s fees. Tenant did breach the lease by unauthorized subletting to the other apartment occupants. Even though this breach was cured, it was proved at trial.

B&B Manhattan, LLC v. Sack: NYLJ, 4/6/09, p. 30, col. 2 (App. T. 1 Dept.; McKeon, PJ, Schoenfeld, Heitler, JJ)