Court Must Determine Whether Martin Act Applies to Eviction Case Against Subtenant

January 22, 2024

LVT Number: #33030

Landlord sued to evict apartment subtenant after sending a 60-day notice of nonrenewal and termination of residential subtenancy. Landlord asked the court to rule in its favor without a trial and grant possession against the subtenant. The court found that additional fact-finding and legal argument was needed because the  Martin Act, which applies to non-purchasing tenants in a co-op building, may apply to this case. Proper pleading of Martin Act applicability is required in a summary eviction proceeding.

Landlord sued to evict apartment subtenant after sending a 60-day notice of nonrenewal and termination of residential subtenancy. Landlord asked the court to rule in its favor without a trial and grant possession against the subtenant. The court found that additional fact-finding and legal argument was needed because the  Martin Act, which applies to non-purchasing tenants in a co-op building, may apply to this case. Proper pleading of Martin Act applicability is required in a summary eviction proceeding. The court ruled that both sides would be permitted to submit supplemental memos that may include evidence on the issue of Martin Act coverage to the tenancy involved. 

Loumat Realty Co., LLC v. Gilkarov: Index No. L&T315042/2022, 2023 NY Slip Op 51331(U)(Civ. Ct. Queens; 12/6/23; Guthrie, J)

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