No Illegal Sublet to Tenant's Daughter

April 1, 2003

LVT Number: 16488

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court ruled against landlord. Landlord appealed and lost. The presence of tenant's daughter in the apartment wasn't an illegal sublet, but rather, a permissible occupancy by an immediate family member. Since landlord claimed tenant was absent from the apartment while his daughter lived there, it could start a nonprimary residence case.

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court ruled against landlord. Landlord appealed and lost. The presence of tenant's daughter in the apartment wasn't an illegal sublet, but rather, a permissible occupancy by an immediate family member. Since landlord claimed tenant was absent from the apartment while his daughter lived there, it could start a nonprimary residence case.

Santorini Equities Inc. v. Picarra: NYLJ, 3/28/03, p. 20, col. 1 (App. T. 1 Dept.; Davis, JP, Gangel-Jacob, Shoenfeld, JJ)

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