Occupant Is Illegal Subtenant

June 30, 1993

LVT Number: 8025

Facts: Tenant was the proprietary lessee of a co-op apartment. Tenant was elderly and, after an injury, moved to a nursing home on the West Coast. Tenant asked for permission to sublet her apartment for one year to her grandniece. The co-op board approved. Subtenant remained in the apartment after the sublease was over, and landlord co-op sued to evict her for breach of her proprietary lease. The trial court ruled for tenant, finding that subtenant was protected by the roommate law. Landlord appealed. Court: Landlord wins. Subtenant wasn't a roommate.

Facts: Tenant was the proprietary lessee of a co-op apartment. Tenant was elderly and, after an injury, moved to a nursing home on the West Coast. Tenant asked for permission to sublet her apartment for one year to her grandniece. The co-op board approved. Subtenant remained in the apartment after the sublease was over, and landlord co-op sued to evict her for breach of her proprietary lease. The trial court ruled for tenant, finding that subtenant was protected by the roommate law. Landlord appealed. Court: Landlord wins. Subtenant wasn't a roommate. Tenant wasn't residing in the apartment and didn't share expenses or companionship with subtenant. And, given tenant's likely permanent stay at the nursing home, she was arguably no longer even a primary resident of the apartment. Once the sublease was over, subtenant was an illegal occupant.

Lincoln Guild Housing Corp. v. Stuckelman: NYLJ, p. 21, col. 1 (6/30/93) (App. T. 1 Dept.; Ostrau, PJ, Parness, Miller, JJ)

Topics

More like this