14-Page Questionnaire Was Overly Burdensome

August 31, 1997

LVT Number: 11806

Landlord sued to evict tenant for illegal subletting. Tenant had asked for permission to sublet in accordance with RPL section 226-b. Landlord then sent tenant a 14-page questionnaire seeking further information. Tenant didn't answer the questionnaire but provided the information he claimed was required by law. Tenant proceeded with the sublet, and landlord sued to evict him. The court ruled against landlord. Landlord's lengthy questionnaire was overly burdensome. Another court had previously found a 10-page questionnaire overly burdensome.

Landlord sued to evict tenant for illegal subletting. Tenant had asked for permission to sublet in accordance with RPL section 226-b. Landlord then sent tenant a 14-page questionnaire seeking further information. Tenant didn't answer the questionnaire but provided the information he claimed was required by law. Tenant proceeded with the sublet, and landlord sued to evict him. The court ruled against landlord. Landlord's lengthy questionnaire was overly burdensome. Another court had previously found a 10-page questionnaire overly burdensome. Landlord also sent the questionnaire to tenant 14 days after receipt of tenant's sublet request. The law required that any request for further information be made within 10 days.

Robrose PL. LLC v. Kaufman: NYLJ, p. 25, col. 6 (8/6/97) (Civ. Ct. NY; Mills, J)

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