No Delay of Subletting Case Pending DHCR Ruling

January 1, 2006

LVT Number: 18572

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant asked the court to delay the case until the DHCR ruled on his pending complaint. The DHCR had granted tenant's PAR and sent the case back to the DRA for further consideration. The court ruled against tenant. The DHCR case could remain pending for months or even years. Landlord could go forward with the court case, and tenant must respond to landlord's request for pretrial questioning.

(Decision submitted by Manhattan attorney Adam Leitman Bailey, who represented the landlord.) Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant asked the court to delay the case until the DHCR ruled on his pending complaint. The DHCR had granted tenant's PAR and sent the case back to the DRA for further consideration. The court ruled against tenant. The DHCR case could remain pending for months or even years. Landlord could go forward with the court case, and tenant must respond to landlord's request for pretrial questioning.

341 E. 85, LLC v. Wachter: L&T Index No. 67426/05 (Civ. Ct. NY 12/7/05; Lebovits, J) [2-pg. doc.]

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