SUBLETTING

Landlord Can Evict Nassau County Tenant for Short-Term Rentals

July 23, 2018    

Landlord sued to evict rent-stabilized tenant for subletting his apartment on a short-term basis in violation of ETPA Section 2507.7 and RPL Section 226-b. Landlord also claimed that the short-term rental utilized...

Subtenant Didn't Prove Illusory Tenancy and Isn't Rent Stabilized

July 22, 2018    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. The court ruled for landlord. Subtenant appealed and lost. Subtenant claimed illusory prime tenancy and that, therefore, he should get a rent...

Landlord Can Evict Tenant Who Conducted Short-Term Rentals

July 22, 2018    

(Decision submitted by Paul N. Gruber of the Manhattan law firm of Borah, Goldstein, Altschuler, Nahins & Goidel, P.C., attorneys for the landlord.)

Subtenant Claims Rent-Stabilized Tenant Was Illusory Prime Tenant

July 18, 2018    

Subtenant complained of illusory prime tenancy and rent overcharge by rent-stabilized tenant. The DRA ruled for subtenant in part, finding no illusory tenancy but directing tenant to refund $54,000 in rent overcharge...

Subtenant Didn't Prove Rent-Stabilized Tenant Was Illusory Prime Tenant

June 26, 2018    

Subtenant complained that rent-stabilized tenant was an illusory prime tenant and that subtenant was entitled to a rent-stabilized lease. The DRA ruled against subtenant, who appealed and lost. The subtenant moved...

Landlord's Notice to Cure Stated Sufficient Law and Facts

January 26, 2018    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. The court granted tenant's request to dismiss the case because landlord's predicate notice was defective. Landlord appealed and won....

DHCR Incorrectly Ruled Collusion with Landlord Required to Find Illusory Tenancy

December 19, 2017    

Subtenant complained to the DHCR of rent overcharge and illusory tenancy. She moved into the apartment in 2006 and signed a lease with someone she thought was the building owner. But that person turned out to be the...

Notice to Cure Sufficiently Stated Grounds for Illegal Sublet Claim

December 17, 2017    

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court granted tenant's request to dismiss the case. Landlord appealed, and the case was reopened. Landlord's notice to cure reasonably...

Landlord Can Evict Tenant Who Moved Out and Sublet the Apartment

September 24, 2017    

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. The court ruled for landlord after a trial. Landlord proved that tenant no longer lived in the apartment, but had purchased a condo unit and...

Landlord Can't Add DOB Fine for Short-Term Rentals to Cure Notice Requirement

August 28, 2017    

Landlord sued to evict rent-stabilized tenant for using the apartment for illegal transient use and operating an illegal hotel. Landlord didn't dispute that tenant had stopped the illegal short-term rentals...

Landlord Claims Co-op Tenant Unlawfully Sublet Apartment

July 27, 2017    

Landlord cooperative corporation sued to evict shareholder tenant for subletting her apartment to her daughter without permission, in violation of the proprietary lease. Tenant claimed that the daughter lived in the...

Notices Reasonably Advised Tenant of Landlord's Claim

June 27, 2017    

Landlord sued to evict rent-stabilized tenant for illegal subletting or assignment of tenant's apartment. The court denied tenant's request to dismiss the case based on his claim that landlord's notice to...

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