Trial Needed on Whether Occupant Is Illegal Subtenant

December 1, 2007

LVT Number: #20035

Landlord sued to evict apartment occupant, claiming that he was an illegal subtenant. Occupant claimed that he was a cotenant. Landlord offered tenant a rent-stabilized renewal lease in 2004. Occupant altered the lease form by writing in his name next to tenant's. He also signed the renewal lease, along with tenant. Landlord then signed the renewal lease and returned it to tenant. Occupant asked the court to dismiss the case without a trial. The court ruled against him. Occupant appealed and lost.

Landlord sued to evict apartment occupant, claiming that he was an illegal subtenant. Occupant claimed that he was a cotenant. Landlord offered tenant a rent-stabilized renewal lease in 2004. Occupant altered the lease form by writing in his name next to tenant's. He also signed the renewal lease, along with tenant. Landlord then signed the renewal lease and returned it to tenant. Occupant asked the court to dismiss the case without a trial. The court ruled against him. Occupant appealed and lost. Because landlord claimed that occupant wasn't a legal tenant, there were questions of fact that required a trial and couldn't be resolved simply by looking at the signed renewal lease.

New York City Property Management, LLC v. Santos: NYLJ, 11/23/07, p. 37, col. 1 (App. T. 1 Dept.; McKeon, PJ, McCooe, Heitler, JJ)

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