Landlord v. Tenant

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Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant lived at another Manhattan address with her boyfriend and young child, while subletting the apartment to a series of people. Tenant claimed that the other apartment occupants were her roommates, that she spent some time at her mother's house when she became pregnant at age 45, and that she spends only weekends with her boyfriend, the child's father.

Landlord sued to evict rent-stabilized tenant for nonprimary residence. Landlord claimed that tenant illegally sublet his apartment while living at his girlfriend's apartment more than half of the prior year. The court ruled against landlord after a trial. Tenant submitted many documents showing that he used the apartment during the period in question. He kept all of his personal belongings in his apartment and occasionally spent nights at his girlfriend's apartment.

Landlord sued to evict rent-stabilized tenant for illegal subletting. Tenant denied the claim and asked the court to dismiss the case. The court ruled for tenant. Landlord appealed and lost. Tenant showed that the supposed “subtenant” was in fact her sister, who had lived in the apartment for at least several years with tenant. So an illegal sublet claim wasn't appropriate. Since landlord believed that tenant had moved out of the apartment, it should instead bring an eviction proceeding based on nonprimary residence against tenant when her lease expired.

Landlord sued to evict tenant for subletting his apartment without landlord's prior written approval. Tenant asked the court to dismiss the case. He claimed that the notice to cure and termination notice sent by landlord failed to inform him of the reason for landlord's claim. The court ruled for tenant and dismissed the case. Landlord's notices stated only that tenant was in default for unauthorized subletting and listed the lease provisions that tenant violated.

Landlord sued to evict rent-stabilized tenant for unauthorized subletting. Tenant asked the court to dismiss the case. Landlord had denied tenant's request to sublet for two years while she went to Florida to recuperate from cancer treatments. Landlord claimed that tenant bought a house in Florida and didn't intend to return to New York. Tenant said that she did intend to come back to the apartment. The court ruled for tenant. Under Real Property Law Section 226-b(2), landlord can't unreasonably withhold consent to tenant's sublet request.

Landlord sued to evict rent-stabilized tenant for illegal subletting. The court granted tenant's request to dismiss the case without a trial. Landlord appealed, and the case was reopened. Tenant didn't prove that as a matter of law she intended to move back into the apartment as her primary residence at the end of the sublease. Tenant's own correspondence to landlord during the two weeks before the proposed sublet period started was vague and inconsistent.

Landlord sued to evict tenant for unauthorized subletting to tenant's brother. The court ruled for landlord. Tenant appealed and won. The informal occupancy arrangement between tenant and his brother was not proved to be an illegal sublet. There was no proof that the brother was obligated to pay or actually paid any rent or that tenant couldn't revoke his brother's right to stay in the apartment. Although tenant had been staying in a nursing home, any issue concerning tenant's primary residence should be raised in an eviction proceeding based on nonprimary residence.

Discrimination: Landlord Discriminated Against Wheelchair-Bound Tenant

Disabled tenants, a couple, complained to the local Human Rights Commission (HRC) about landlord's disability discrimination. Tenants said that landlord refused to accommodate their disabilities, repeatedly stating that he wouldn't have rented to them had he known that one tenant used a wheelchair and that he would evict them if they continued to complain.

Eviction: Landlord Didn't Prove Ongoing Illegal Activity in Apartment

Landlord sued to evict tenant after serving a 10-day termination notice based on illegal use of the apartment. Landlord claimed that the District Attorney directed it to start the eviction action against tenant. Landlord proved that tenant was arrested for possession of controlled substances. But the majority of illegal substances were found in the bedroom of tenant's son. Only a container of painkillers was found in tenant's room.

DOH Violations: Mouse Droppings in Apartment Show Pest Harborage Violation

DOHMH issued a violation notice to landlord for failing to keep the premises free of pests and conditions conducive to pests. The issuing officer observed fresh mouse droppings in an apartment, on the kitchen window sill, inside the kitchen sink and cabinet, and on the floor along the baseboard in the living room. Landlord claimed that it didn't get notice of the complaint leading to placement of the violation. It had received two prior complaints from tenant regarding mice and had responded promptly.