Mental Health Program's Eviction Case Against Subtenant Dismissed
LVT Number: #30721
Tenant, who operated a subsidized program under agreement with DOHMH, sued to evict subtenant for sublease violations. Tenant claimed that subtenant failed to pay monthly rent as it became due, used or possessed illegal drugs or related paraphernalia in the apartment, and allowed other people to reside in the apartment, all in violation of the sublease agreement. Tenant rented to subtenant in order to meet subtenant's needs as a person with intellectual/developmental disabilities and mental illness.
The court granted subtenant's request to dismiss the case. Tenant failed to describe in its court papers the existence of its contract with the Health Department. The contract provided certain defenses for subtenants and would have placed the court on notice of the program under which subtenant occupied the apartment. Under the sublease, tenant also was required to send subtenant a 10-day notice to cure before terminating the sublease. Tenant failed to do so. Subtenant also was subject to rent stabilization, as set forth in the Housing Stability & Tenant Protection Act of 2019 (HSTPA). Tenant's petition also failed to set forth minimum facts to sufficiently describe the claimed lease violations.
Welllife Network Inc. v. McDaniel: Index No. 071998/19, 2020 NY Slip Op 20077 (Civ. Ct. Kings; 3/5/20; Barany, J)