Landlord Can't Sue Tenant for Illegal Sublet to Tenant's Wife

December 7, 2020

LVT Number: #31108

Mt. Vernon landlord sued to evict rent-stabilized tenant and apartment occupant for illegal subletting and creating a nuisance. Landlord and tenant signed a settlement agreement in court. But the occupant remained in the unit and claimed succession rights. At that time, she was tenant's wife. The court ruled for landlord. The occupant appealed, and the case was reopened. The lower court improperly ruled on the succession claim in a case based on nuisance and illegal subletting. Tenant and occupant were married in 2014, and she was listed as an apartment occupant.

Mt. Vernon landlord sued to evict rent-stabilized tenant and apartment occupant for illegal subletting and creating a nuisance. Landlord and tenant signed a settlement agreement in court. But the occupant remained in the unit and claimed succession rights. At that time, she was tenant's wife. The court ruled for landlord. The occupant appealed, and the case was reopened. The lower court improperly ruled on the succession claim in a case based on nuisance and illegal subletting. Tenant and occupant were married in 2014, and she was listed as an apartment occupant. When landlord started the case in 2018, she was still tenant's wife. So there could be no claim of illegal subletting against her. The case was sent back to the lower court to review the nuisance claim.

Westchester Plaza Holdings, LLC v. Watson: 2020 NY Slip Op 51357(U)(App. T. 2 Dept.; 11/12/20; Ruderman, JP, Tolbert, Emerson, JJ)

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