Tenant Must Prove Intent to Reoccupy Apartment

(Decision submitted by Santo Golino of the Manhattan law firm of Kucker Kraus & Bruh, LLP, attorneys for the landlord.) Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant, who was in California, claimed that supposed subtenant was his roommate and that, in any event, this person had moved out of the apartment. Tenant argued that the case should be dismissed without a trial. The court ruled against tenant. In a sublet situation, tenant must maintain the apartment as his primary residence and must have the intent to reoccupy the apartment as his primary residence when the sublet is over. Tenant didn't give any indication as to his intent to return to the apartment or when he intended to reoccupy the apartment as his primary residence. A trial was needed to determine the facts.

Green Properties, LLC v. Kovitz: L&T Index No. 92693/98 (12/8/98) (Civ. Ct. NY; Chin, J) [3-pg. doc.]