Tenant Must Remove Unrelated Occupant

December 1, 1996

LVT Number: 11112

Landlord sued to evict rent-controlled tenant for breach of a substantial obligation of the tenancy. Tenant had two adult roommates, and Real Property Law section 235-f allowed only one. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Landlord could evict rent-controlled tenant who didn't comply with the occupancy limits. The eviction would be delayed, however, to give tenant the chance to cure the violation.

Landlord sued to evict rent-controlled tenant for breach of a substantial obligation of the tenancy. Tenant had two adult roommates, and Real Property Law section 235-f allowed only one. The court ruled against landlord, and landlord appealed. The appeals court reversed and ruled for landlord. Landlord could evict rent-controlled tenant who didn't comply with the occupancy limits. The eviction would be delayed, however, to give tenant the chance to cure the violation.

Capital Holding Co. v. Stavrolakes: NYLJ, p. 25, col. 5 (11/13/96) (App. T. 1 Dept.; McCooe, JP, Freedman, Davis, JJ)

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