Tenant Who Overcharged Subtenant Has No Right to Cure

September 30, 2003

LVT Number: 16890

Landlord sued to evict rent-stabilized tenant for illegal subletting and rent overcharge. The court ruled for landlord and issued an eviction warrant. Tenant appealed and the appeals court revoked the eviction warrant because tenant had cured the lease violation by removing subtenants shortly after landlord started. Landlord appealed. The higher appeals court ruled for landlord. Tenant has no right to cure an illegal sublet when she has profiteered by overcharging the subtenant. This would go against the purpose of the rent stabilization law.

Landlord sued to evict rent-stabilized tenant for illegal subletting and rent overcharge. The court ruled for landlord and issued an eviction warrant. Tenant appealed and the appeals court revoked the eviction warrant because tenant had cured the lease violation by removing subtenants shortly after landlord started. Landlord appealed. The higher appeals court ruled for landlord. Tenant has no right to cure an illegal sublet when she has profiteered by overcharging the subtenant. This would go against the purpose of the rent stabilization law.

151-155 Atlantic Ave., Inc. v. Pendry: NYLJ, 9/26/03, p. 26, col. 2 (App. Div. 2 Dept.; Ritter, JP, Feuerstein, Miller, Adams, JJ)

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