Tenant Who Collected Rent Overcharge Can't Cure Illegal Sublet

LVT Number: #24466

Landlord sued to evict rent-stabilized tenant for overcharging unauthorized subtenants. The trial court ruled for landlord. Tenant appealed and lost. Generally, a landlord must give a tenant notice of alleged unauthorized subletting and a chance to cure. But since tenant collected a substantial overcharge from his subtenants, he shouldn't be allowed to cure.

Gruber v. Anastas: 2012 NY Slip Op 07956, 2012 WL 5870327 (App. Div. 2 Dept.; 11/21/12; Rivera, JP, Hall, Lott, Cohen, JJ)