Nonprimary Resident Tenant Can't Correct Illegal Sublet

November 1, 2001

LVT Number: 15409

(Decision submitted by David Skaller of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord proved at the trial that tenant never primarily resided in the apartment but had lived in a house in Scarsdale and, later, in another Manhattan apartment. At the same time, she illegally sublet the apartment to her daughter and her daughter's husband.

(Decision submitted by David Skaller of the Manhattan law firm of Belkin Burden Wenig & Goldman, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for illegal subletting. Landlord proved at the trial that tenant never primarily resided in the apartment but had lived in a house in Scarsdale and, later, in another Manhattan apartment. At the same time, she illegally sublet the apartment to her daughter and her daughter's husband. The court ruled for landlord and wouldn't allow tenant any chance to correct the illegal sublet after the trial because tenant never primarily resided in the apartment.

Metropolitan Life Ins. Co. v. Altstaedter: L&T Index No. 63982/00 (Civ. Ct. NY 10/1/01; Cavallo, J) [9-pg. doc.]

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