SUBLETTING

Trial Needed in Case Against Tenant Who Arranged Short-Term Rentals of Her Apartment

September 26, 2018    

Landlord sued to evict tenant, claiming that tenant incurably breached a substantial obligation of her tenancy by arranging short-term rentals of her apartment through Airbnb. The court denied landlord's request...

Tenant Who Abandoned Hotel-Stabilized Unit Can't Evict Long-Term Subtenant

September 24, 2018    

Tenant sued to evict subtenant from hotel-stabilized unit. The court ruled against tenant and dismissed the case. Subtenant had lived in the unit since 2004 and paid rent to tenant. Although a tenant can terminate a...

Can Rent-Stabilized Tenant Cure Profiteering Through Short-Term Rentals?

August 21, 2018    

Landlord sued to evict rent-stabilized tenant for illegal subletting and profiteering. Landlord claimed that tenant engaged in short-term rental of her apartment between September 2014 and June 2015. Landlord claimed...

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...

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