Tenant Illegally Sublet for One Month

LVT Number: 17198

Landlord sued to evict rent-stabilized tenant for profiteering based on tenant's unauthorized one-month sublet. The court ruled against landlord. Landlord appealed and lost. The sublease had ended before landlord sent tenant a notice to cure, and tenant refunded the overcharge to subtenant shortly after landlord started the eviction case. Tenant's conduct didn't warrant eviction.

Landlord sued to evict rent-stabilized tenant for profiteering based on tenant's unauthorized one-month sublet. The court ruled against landlord. Landlord appealed and lost. The sublease had ended before landlord sent tenant a notice to cure, and tenant refunded the overcharge to subtenant shortly after landlord started the eviction case. Tenant's conduct didn't warrant eviction.

Central Park West Realty, LLC v. Stocker: NYLJ, 2/9/04, p. 26, col. 2 (App. T. 1 Dept.; Suarez, PJ, Davis, Schoenfeld, JJ)