Tenant's Foster Brother Lives in Apartment

August 31, 2003

LVT Number: 16830

Landlord sued to evict rent-stabilized tenant for illegal subletting. At the trial, landlord showed proof that tenant primarily resided in Alabama, while his foster brother lived in the apartment. The court ruled for landlord. Tenant appealed and won. Tenant's foster brother lived in the apartment on and off since the 1970's as a guest or licensee, not as a subtenant. The fact that tenant may not have primarily resided in the apartment wasn't a proper basis for eviction in an illegal sublet case, especially in a case involving close family members with long-term ties to an apartment.

Landlord sued to evict rent-stabilized tenant for illegal subletting. At the trial, landlord showed proof that tenant primarily resided in Alabama, while his foster brother lived in the apartment. The court ruled for landlord. Tenant appealed and won. Tenant's foster brother lived in the apartment on and off since the 1970's as a guest or licensee, not as a subtenant. The fact that tenant may not have primarily resided in the apartment wasn't a proper basis for eviction in an illegal sublet case, especially in a case involving close family members with long-term ties to an apartment.

Hudson St. Equities Group Inc. v. Escoffier: NYLJ, 8/20/03, p. 18, col. 1 (App. T. 1 Dept.; McCooe, JP, Davis, Gangel-Jacob, JJ)

Topics

More like this