Tenant Who Overcharged Subtenant Has No Right to Cure
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.
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)