Landlord Properly Rejected Tenant's Sublet Request

LVT Number: 12196

(Decision submitted by Stephen C. Shulman of the Manhattan law firm of Borah, Goldstein, Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord, the owner of a cooperative apartment, sued to evict the apartment's rent-stabilized tenant for illegal subletting. Tenant claimed that landlord improperly rejected his request to sublet the apartment. Landlord claimed that he rejected tenant's application to sublet because tenant couldn't prove he would be returning to the apartment. Tenant went ahead and sublet anyway. Landlord asked the court to rule in his favor without a trial.

(Decision submitted by Stephen C. Shulman of the Manhattan law firm of Borah, Goldstein, Altschuler & Schwartz, P.C., attorneys for the landlord.) Landlord, the owner of a cooperative apartment, sued to evict the apartment's rent-stabilized tenant for illegal subletting. Tenant claimed that landlord improperly rejected his request to sublet the apartment. Landlord claimed that he rejected tenant's application to sublet because tenant couldn't prove he would be returning to the apartment. Tenant went ahead and sublet anyway. Landlord asked the court to rule in his favor without a trial. The court ruled for landlord. There was no dispute that tenant had actually sublet the apartment and moved into a newly purchased condominium apartment in New Jersey. Landlord adequately and timely stated in his letter to tenant his reasons for rejecting the sublease. Tenant's purchase of a residence elsewhere isn't consistent with an intention to maintain the apartment as a primary residence and to return to it at the expiration of the sublease.

Petty v. Handy: L&T Index No. 78761/97 (12/1/97) (Civ. Ct. NY; Kornreich, J) [4-page document]

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