Landlord Claims Apartment Illegally Sublet to Tenant's Children

January 11, 2012

LVT Number: #23862

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment to her adult son and daughter. Tenant asked the court to dismiss the case at the outset, arguing that the claim was improper. The court ruled against tenant, who appealed and lost. Landlord claimed that tenant violated her lease by assigning it or subletting to various people, including two who appear to be tenant's children. There were issues of fact, including the nature and extent of the children's occupancy of the apartment and whether they had lived there previously with tenant.

Landlord sued to evict rent-stabilized tenant for illegally subletting her apartment to her adult son and daughter. Tenant asked the court to dismiss the case at the outset, arguing that the claim was improper. The court ruled against tenant, who appealed and lost. Landlord claimed that tenant violated her lease by assigning it or subletting to various people, including two who appear to be tenant's children. There were issues of fact, including the nature and extent of the children's occupancy of the apartment and whether they had lived there previously with tenant. The case couldn't be dismissed outright.

706 Realty Corp. v. Mohammed: NYLJ, 12/28/11, p. 18, col. 2 (App. T. 1 Dept.; Shulman, JP, Hunter Jr., Torres, JJ)

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