Landlord Claims Tenant Is Operating Rooming House

June 30, 1997

LVT Number: 11563

Landlord sued to evict tenant for conducting a rooming house out of her rent-stabilized apartment and for rent gouging. The apartment contained four bedrooms, and landlord presented some proof that a number of different individuals had lived in the apartment with tenant at different times. But landlord's termination notice and petition weren't specific enough about what laws tenant supposedly violated. Landlord also didn't give tenant a notice to cure, which she was entitled to. And landlord couldn't sue tenant for rent gouging.

Landlord sued to evict tenant for conducting a rooming house out of her rent-stabilized apartment and for rent gouging. The apartment contained four bedrooms, and landlord presented some proof that a number of different individuals had lived in the apartment with tenant at different times. But landlord's termination notice and petition weren't specific enough about what laws tenant supposedly violated. Landlord also didn't give tenant a notice to cure, which she was entitled to. And landlord couldn't sue tenant for rent gouging. Only tenant's boarders would have the right to do so if they were, in fact, overcharged. The court dismissed the case.

Swett v. Batraville: NYLJ, p. 30, col. 4 (6/18/97) (Civ. Ct. NY; Gould, J)

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