Trial Required Where Tenant Sublet Apartment

April 30, 1993

LVT Number: 6939

Landlord sued to evict rent-regulated tenant for nonprimary residence. The court refused to rule for landlord without a trial, and landlord appealed. The appeals court agreed that a trial was needed. Landlord had consented to sublets of tenant's apartment between June 1990 and October 1991 while tenant was working and going to school in France. Landlord denied tenant's request to extend the sublease through May 1992 while she took a work assignment in Washington, D.C. The trial court's ruling was made before the end of May 1992.

Landlord sued to evict rent-regulated tenant for nonprimary residence. The court refused to rule for landlord without a trial, and landlord appealed. The appeals court agreed that a trial was needed. Landlord had consented to sublets of tenant's apartment between June 1990 and October 1991 while tenant was working and going to school in France. Landlord denied tenant's request to extend the sublease through May 1992 while she took a work assignment in Washington, D.C. The trial court's ruling was made before the end of May 1992. There were, therefore, questions of fact as to whether tenant could prove that she'd maintained the apartment as her primary residence and intended to occupy it at the end of the extended sublease.

Charles 15 Associates v. Krader: NYLJ, p. 23, col. 3 (4/22/93) (App. T. 1 Dept.; Parness, JP, Miller, McCooe, JJ)

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