Landlord Can Terminate Sublet to Heavy Smoker

September 30, 2011

LVT Number: #23624

Landlord cooperative corporation sued to evict tenant shareholder and his subtenant. Landlord had granted tenant's request to sublet for one year, but later issued a lease termination notice due to the tremendous amount of cigarette smoke coming from the apartment. Tenant claimed that landlord breached his proprietary lease by arbitrarily refusing to extend the sublet. The court ruled for landlord, who wasn't required by the proprietary lease to approve a sublet and didn't violate the business judgment rule. Landlord acted reasonably, for the legitimate welfare of the building.

Landlord cooperative corporation sued to evict tenant shareholder and his subtenant. Landlord had granted tenant's request to sublet for one year, but later issued a lease termination notice due to the tremendous amount of cigarette smoke coming from the apartment. Tenant claimed that landlord breached his proprietary lease by arbitrarily refusing to extend the sublet. The court ruled for landlord, who wasn't required by the proprietary lease to approve a sublet and didn't violate the business judgment rule. Landlord acted reasonably, for the legitimate welfare of the building.

First Buckingham Owners Corp. v. Tamburo: Index No. LT-002567-11, NYLJ No. 1202513365810 (Dist. Ct. Nassau; 8/30/11; Fairgrieve, J)

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