Certificate of Eviction Not Required to Evict Subtenant

(Decision submitted by William J. Neville of the Manhattan law firm of Mitofsky & Shapiro, attorneys for the landlord.) Landlord sued to evict rent-controlled tenant for nonprimary residence. Tenant didn't appear in court. He'd lived in a nursing home for seven years and said that he didn't intend to return. Subtenant claimed that he had pass-on rights to the apartment because he had a close financial and emotional relationship with tenant. A jury ruled against subtenant because he offered no proof of a family-type relationship. Subtenant then asked the court to set aside the jury decision and dismiss the case because landlord hadn't obtained a certificate of eviction from the DHCR before bringing the eviction action. The court ruled against subtenant. No certificate of eviction was needed because subtenant wasn't a recognized tenant.

West 49th Realty Assocs., LP v. Kelfanos: Index No. 112232/96 (12/30/97) (Civ. Ct. NY; Ryp, J) [5-page document]