Landlord Can't Sue Tenant for Illegal Sublet

January 1, 2008

LVT Number: #20106

Landlord sued to evict rent-stabilized tenant for unauthorized subletting or assignment of his apartment to his brother-in-law. The brother-in-law asked the court to dismiss the case without a trial. He claimed that he had lived in the apartment for 20 years. The court ruled for the brother-in-law. Landlord can't file an illegal sublet proceeding against a tenant's immediate family member who has a longstanding connection to the apartment, even if tenant no longer lives there.

Landlord sued to evict rent-stabilized tenant for unauthorized subletting or assignment of his apartment to his brother-in-law. The brother-in-law asked the court to dismiss the case without a trial. He claimed that he had lived in the apartment for 20 years. The court ruled for the brother-in-law. Landlord can't file an illegal sublet proceeding against a tenant's immediate family member who has a longstanding connection to the apartment, even if tenant no longer lives there. The proper remedy is for landlord to file a nonprimary residence proceeding when tenant's current renewal lease expires.

QPI-XXVII LLC v. Novoa: NYLJ, 12/26/07, p. 28, col. 1 (Civ. Ct. Queens; Pinckney, J)

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