Occupant Is Illegal Subtenant, Not Roommate

August 31, 1995

LVT Number: 10002

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Tenant was a resident alien who lived in Europe up to eight months a year and was receiving medical treatment for an undisclosed ailment. Tenant claimed the additional occupant of his one-bedroom was his roommate. But the roommate paid the rent and utilities during tenant's extended absences. The arrangement constituted a sublet.

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Tenant was a resident alien who lived in Europe up to eight months a year and was receiving medical treatment for an undisclosed ailment. Tenant claimed the additional occupant of his one-bedroom was his roommate. But the roommate paid the rent and utilities during tenant's extended absences. The arrangement constituted a sublet. To have a roommate, tenant must occupy the apartment as his primary residence at the same time.

Fairmont Manor v. Verdicchio: NYLJ, p. 21, col. 3 (8/18/95) (App. T. 1 Dept.; Parness, JP, Miller, JJ)

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