Authorized Sublet No Bar to Landlord's Claim

(Decision submitted by William J. Neville, of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for nonprimary residence when her lease expired. Tenant claimed that she was legally subletting her apartment for two years with landlord's consent. Tenant argued that landlord shouldn't be allowed to proceed with the case. The court ruled against tenant. The fact that tenant was subletting the apartment didn't bar landlord from refusing to renew her lease, because it believed that the apartment wasn't tenant's primary residence. While the sublet may ultimately provide an explanation for why tenant wasn't in the apartment for 183 days of the preceding year, there were other questions landlord raised. Tenant was employed in California and didn't use the New York address as her primary residence on her latest tax returns. So landlord was entitled to proceed with the case.

Corliss Estates, Inc. v. Yulin: NYLJ, p. 26, col. 5 (4/10/96) (Civ. Ct. NY; Bransten, J)