Thank you for sharing!

Your article was successfully shared with the contacts you provided.
http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46118 Judge Lai ALLEGING ILLEGAL sublet, petitioner landlord sought to evict the daughter and grandson of an elderly rent-controlled tenant serving a 46-month prison sentence. While obtaining a divorce, the daughter assumed part-time occupancy prior to tenant’s incarceration. She and her son occupied the apartment during tenant’s imprisonment. The court denied eviction, holding that the apartment’s occupancy by the tenant’s daughter and grandson during his temporary incarceration was not an illegal sublet. It noted appellate decisions holding that a close family member’s occupancy of an apartment during the absence of its tenant of record is not an illegal sublet. Noting that a nonprimary residence claim is the proper theory on which to proceed where a close family member occupies an apartment in a tenant’s absence, the court observed that had the subject tenant’s relocation been permanent, his daughter and grandson would have held the burden of proving their right to continued occupancy of the apartment.

Want to continue reading?
Become a Free ALM Digital Reader.

Benefits of a Digital Membership:

  • Free access to 1 article* every 30 days
  • Access to the entire ALM network of websites
  • Unlimited access to the ALM suite of newsletters
  • Build custom alerts on any search topic of your choosing
  • Search by a wide range of topics

*May exclude premium content
Already have an account?

Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.