Landlord Claims Illegal Alterations and Unauthorized Subletting

Landlord sued to evict tenant and other occupants, claiming that tenant illegally altered the premises without landlord's consent, constructed an illegal partition wall, and improperly sublet the apartment. Tenant and occupants claimed that the building super performed the work in question, including the partition wall construction. They also said that an outside worker did some of the work with the super's knowledge. Tenant also claimed that all apartment occupants were related to her, that she lived there with them, and that there was no subletting.

The court ruled for tenant and dismissed the case. The court found the testimony of landlord's witnesses questionable but believed tenant. The court also found that replacing wall tiles and painting and plastering a bathroom didn't constitute substantial alterations.

Sherman Realty v. Kevelier: Index No. 62413/18, NYLJ No. 1618342026 (Civ. Ct. NY; 3/9/21; Elsner, J)